The Executive Department

andPowersof thePresident
Constitutional Law 1
 EXECUTIVE POWER!

• It is the power to enforce

and administer the laws
(Cooley, Constitutional Limitation, 8th
ed., p.183)
• The executive power is
vested in the President of the
Philippines (Art. VII, Sec.1)
 Qualifications

• Natural BornCitizen
• A Registered Voter
• Able to Read and Write
• Atleast 40yearsof ageon t he
day of election
• Residentof the Philippines
for atleast ten years
immediately preceding the
election.
 Term ofOffice Election
• The President and Vice-
President shall be elected by 1.)Regular – Second Monday of
the people for six (6) years. May, every six years
(Art. VII, Sec 4(1) 2.)Special-
• Shall not be eligible for any re- a.) Death, Disability, Removal
election from office or Resignation
• No Person who hassucceded b.) Vacancies occur more than
asPresident xxx for more than eighteen months before next
4years shall be qualified xxx election
(Art. VII, Sec 4) c.) A law passedbycongress
Oath of office
Before they enter the execution of their office, the
President and Vice-President shall take the oath or
affirmation
 Oath- an outward pledge made under an
immediate senseof responsibility to God(Cruz,
2002)
“ I, do solemnly swear that I will faithfully and
conscientiously fulfill my duties asPresident of
the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every
man, and consecrate myself to the service of the
Nation. Sohelp meGod.”
 Vice-President

• Qualifications are same

with the President.
• Eligible for the position of
member of the Cabinet(no
needfor CA confirmation)
• Allowed to serve for two
successive terms.
 Presidential Succession(Sec
7-8)
2sets of rule:
a.) Occuring before theterm
– Death/Permanent Disability
– Failure to elect the President
– Failure to qualify
b.) Occuring mid-term
– Death/Permanent Disability
– Removal
– Resignation
 Estrada vsDesierto ;
Estrada v. Macapagal-
Arroyo
Held:
• Resignation of Estrada cannot be doubted.
In the press release containing his final statement, (1) he acknowledge the oath
taking of Arroyo; (2) emphasize leaving the palace; (3) expressed gratitude for the
opportunity to serve; (4) he will not shrink from any future challenges; (5) called on
his supporters to promote a national spirit ofreconciliation and solidarity. Certainly,
the national spirit of reconciliation and solidarity could not be attained if he did not
give up the presidency. The press release was his valedictory, his final act of
farewell.
• The Congress had, by resolution, formally
recognized GMA as the constitutional successor of
Joseph Estrada by reason of his resignation as
President.
 Prohibitions and Inhibitions
1. No increasein salariesduring the term.
2. Shall not receive emoluments
3. Shall not hold any other office.
4. Shall not, directly or indirectly, practice
any other profession, business,or be
financially interested in any other contract
with franchises of the government.
5. Avoid conflict of interest in the conduct
of their office
6. May not appoint spouse or relatives by
consanguinity or affinity within 4th civil
degree
(ART. VII, SECTIONS 6, 13)
POWERS OF THE PRESIDENT
1.) Executive Power 7.) Borrowing Power
2.) Power of 8.) Diplomatic Power
Appointment 9.) Budgetary Power
3.) Power of Removal
4.) Power of Control
10.)Informing Power
5.) Military Powers 11.)Residual Power
6.) Pardoning Power • Other Powers
 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 alaw is declared
unconstitutional, the President hasaduty to
execute it regardless of his doubts asto its
validity(Faithful Execution Clause)(Cruz, Phil. Political Law)
 Power of Appointment

• Selection by the authority vested

with the power, of an individual
who is to exercise the functions of
agiven office.
• Kinds of Presidential
Appointment(Sec.15)
• Appointment made by anActing
President
• Midnight Appointment
• Regular PresidentialAppointment
• Ad-Interim Appointment
 Power of Appointment
• Appointments Requiring
the consent of the
Commission on
Appointments(VII, Sec.16)
• A.) Heads of executive
departments(except VP)
• B.) Ambassadors and other
public ministers andconsuls
• C.) Officers of the AFP
from the rank of colonel or
naval captain
• D.) Officers whose
appointments are vested in
him by the Constitution
Appointments without the
need of CA Confirmation
• Those vested by the
Constitution on the
President alone
• Appointments that are not
otherwise provided by law
• Those authorized by law to
appoint
• Officers lower in rank
whose appointment is
vested by law in the
President Alone
 Not all Cabinet members, however, are subject to
confirmation of the Commission on
Appointments.
According to the Commission of Appointments
website, the following need confirmation in order
to assume their posts:

1.Executive Secretary 15.Secretary of Science and Technology

2. Secretary of Agrarian Reform
3. Secretary of Agriculture
4. Secretary of Budget and Management
5. Secretary of Education
6. Secretary of Energy
7. Secretary of Environment and Natural
Resources
8. Secretary of Finance
9. Secretary of Foreign Affairs
10. Secretary of Health
11. Secretary of Justice
12. Secretary of Labor and Employment
13. Secretary of National Defense
14.Secretary of Public Works and
Highways
16.Secretary of Social Welfare and
Development
17.Secretary of the Interior and Local
Government
18. Secretary of Trade and Industry
19.Secretary of Transportation and
Communications
20. Secretary of Tourism
21. Commission on Higher Education
21. Director General of the National
Economic and Development Authority
 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.
 Power of Control
• Control – The power of an officer to alter, modify,
nuillify, or setasidewhat asubordinate 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 seethat 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 EgoPrinciple

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.
 Military Powers

1.) Commander-in-Chief clause

• To call out the Armed Forces to prevent or
suppress lawless violence, invasion or
rebellion(whenever it becomesneccessary);
• Vested directly by the Constitution
• Authority to declare astate ofrebellion
• 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.
 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 adesignated time
and place xxx the object of which is the liberation of those
who may be in prison without sufficientcause.
– Ground for suspension: invasion, rebellion, when public
safety requiresit
Effects of suspension ofWrit:
• does not affect the right to bail
• Applies only to persons facing charges ofrebellion
• The arrested must be charged within 3days; if not
they must be released
• Does not supersede civilian authority.
 Military Powers

3.) Martial LAW

– Groundsfor declaration: Invasion andRebellion
• The following cannot be done:
– Suspend the operation of the Constitution
– Supplant the function of the civil courts and legislative
assemblies
– Violate Open Court Doctrine(civilians cannot be tried
by military courts if the civil courts are open and
functioning)
– Automatically suspend the writ of HabeasCorpus
 Military Powers

Constitutional Limitations of MartialLaW

And the suspensionof privilege of HabeasCorpus:
• Not more Ways
than
to lift proclamation or suspension:
60days, unless extendedb y
I. By the President himself
congress II. Revocation byCongress
• President tIII.o report
Nullification by the Supreme Court
to congress
IV. By operation 60 days48h ours
of law afterwithin
• Authority of the congress to revoke or extend
• Authority of the Supreme Court to inquire of
the factual basis for suchaction
Pardoning Power(Sec.19)
Pardon-Act of grace which exempts
individual from punishment which the
law inflicts.
As to effect:
a.)Plenary or b.)Partial
As to presenceof condition:
a.)Conditional Pardon or b.)Absolute
Pardon
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 heischarged.
Person released by amnest stands
before the law precisely asthough he
had committed no offense.
 Other forms of executive clemency:
• Commutation – reduction or mitigation of penalty
• Reprieve – postponement of sentence or stay of
execution
• Parole – release from imprisonment, but without full
restoration of liberty(in custody of law although not in
confinement
• Remissio of fines and – Prevents the
n of fines forfeitur
confiscation of forfeited
collection cannot affect e and
rights of third party and
money already in the treasury.
property;
Borrowing Power(Sec. 20)
• The President may contract or
guarantee foreign loans on behalf of the
Republic with the concurrence of the
Monetary Board, subject to such
limitations asmay be provided bylaw.
• The Monetary board shall submit to the
Congress report on loans within 30 days
from the end of every quarter.
 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.) DeportationPower
 Budgetary Power

• Within 30days 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 asspecified in the budget.
 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 asthe State of the Nation
Address
Residual Power
Marcos v. Maglapus
Held:
The powers of the President cannot be said to
be limited only to the specific powers enumerated in
the Constitution. Executive power is more than the
sum of specific powers so enumerated.
Residual unstated powers of the President are
implicit in and correlative to the paramount duty
residing in that office to safeguard and protect
general welfare.
The President xxx has unstated residual power
xx which are necessary for her to comply with her
duties.
 Other Powers
a.) Call to Congress to aspecial session
b.) Approve or veto bills
c.) DeportAliens
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 reclassifylands