ARTICLE 7.

EXECUTIVE BRANCH
 The Executive Branch
Charged with the execution and administration
of a country’s laws

In general, the executive branch sets the

direction of national policy
 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 Born Citizen

• A Registered Voter
• Able to Read and Write
• Atleast 40 years of age on the day of
election
• Resident of the Philippines for atleast ten
years immediately preceding the election.
 Term of Office
• The 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.)Special-
a.) Death, Disability, Removal
from office or Resignation
b.) Vacancies occur more than
eighteen months before next
election
c.) A law passed by congress
“I, do solemnly swear that I will faithfully and
conscientiously fulfill my duties as President 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. So help me God.”
 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.
SEAL OF THE VICE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES
 Presidential
Succession(Sec 7-8)
2 sets of rule:
a.) Occuring before the
term
b.) Occuring mid-term
 THE EXECUTIVE DEPARTMENT

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 president until the President-elect
shall have qualified.
•President shall not have been chosen:
•VP-Elect shall ACT as president until a President shall
have been chosen & qualified.
 THE EXECUTIVE DEPARTMENT

No President and VP chosen or qualified, or both have died or become

permanently disabled:
•SENATE PRESIDENT in an acting capacity
•In case of inability
•SPEAKER OF THE HOUSE in an acting capacity
•Until a president or a VP shall have been chosen and
qualified.
IN THE EVENT OF INABILITY OF BOTH, who shall ACT as President?
•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 VP SHALL HAVE
QUALIFIED.
THE EXECUTIVE DEPARTMENT

VACANCY DURING THE TERM

•Death, permanent disability, removal from office, or resignation
of the President
VP SHALL become President
 THE EXECUTIVE DEPARTMENT

Death, permanent disability, removal from office, or resignation of President

AND Vice president:
•Senate President – acting capacity
•IN CASE OF INABILITY
•Speaker of the House – acting capacity
Until a President or VP shall be elected and qualified.
•Congress, by law, shall provide for the manner which one is to act as
President in the event of inability of the officials mentioned above.
THE EXECUTIVE DEPARTMENT

TEMPORARY DISABILITY
•When the President TRANSMITS to the SP and the SH
•Written Declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to
them a written declaration to the contrary: such powers and
duties shall be discharged by the VP as ACTING President.
•Majority of ALL the Members of the CABINET TRANSMIT to the SP
and SH:
•Written Declaration that the P is unable to discharge the
powers and duties of his office
•VP IMMEDIATELY assumes the powers and duties of the
Office as ACTING PRESIDENT
•President transmits Written Declaration that NO inability exists,
•Reassume the powers of the office of the President
 THE EXECUTIVE DEPARTMENT

Should a majority of the CABINET MEMBERS transmit within 5

days to the SP and SH
Written declaration that the P is unable to discharge the powers
and duties of his office, CONGRESS SHALL DECIDE THE ISSUE.
Congress shall convene, if not in session, within 48 hours.
Within 10 days from receipt of last written declaration or, if not in
session, within 12 days after it is required to assemble, Congress
determines by a vote of 2/3 vote of both Houses voting Separately,
that the president is unable to discharge the powers and duties of
his office, the VP shall act as President, otherwise, the President
shall continue exercising the powers and duties of his office.
THE EXECUTIVE DEPARTMENT

Constitutional Duty of Congress in case of vacancy in the

offices of the President and the VP:
•At 10AM of the 3rd day after the vacancy occurs, Congress
shall convene w/o the need of a call, and within 7 days, enact
a law calling for a special election to elect a President and VP
to be held not earlier than 45 nor later than 60 daysfrom the
time of such call.

NO SPECIAL ELECTION SHALL BE CALLED IF THE VACANCY

OCCURS WITHIN 18 MONTHS BEFORE THE DATE OF THE
NEXT PRESIDENTIAL ELECTION.

Removal of the President: Impeachment. Sec. 2&3, Art. XI

 Prohibitions and Inhibitions
1. No increase in salaries during 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
 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)
• Appointment made by an Acting President
• Midnight Appointment
• Regular Presidential Appointment
• Ad-Interim Appointment
 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 or reassumption of office.
Acting President:
• Exercises the powers & functions of the Office of the President
• NOT the incumbent President
• has not become a President to serve the unexpired portion of the term
 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
 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 prejudice public
service or endanger public safety.
 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 voluntary or
compulsory, but such appointments shall be effective only until
disapproval by the Commission on Appointments or until the next
adjournment of the Congress.
 Kinds of presidential appointments
(required to be submitted to the
Commission on Appointments)
• 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

 Kinds of appointment in the career
services:

• Permanent

• Temporary or acting
Steps in the appointing process:

APPOINTMENT

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
Effects of suspension of Writ:
• does not affect the right to bail
• Applies only to persons facing charges of rebellion
• The arrested must be charged within 3 days; if not
they must be released
• Does not supersede civilian authority.
 4. Military Powers
3.) Martial LAW
– Grounds for declaration: Invasion and Rebellion
• 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 Habeas Corpus
 4. Military Powers
Constitutional Limitations of Martial LaW
And the suspension of privilege of Habeas Corpus:
• Not more than
Ways to60liftdays, unless or
proclamation extended by
congress suspension:
I. By the President himself
• President to
II. report to congress
Revocation by Congresswithin 48 hours
III. the
• Authority of Nullification
congress by the
to Supreme Court
revoke or extend
IV. By operation of law after 60 days
• Authority of the Supreme Court to inquire of the
factual basis for such action
 Military power of the President
• 1. Powers to meet emergency situations
– A. to call out the armed forces to prevent or
suppress lawless violence
– B. to suspend the privilege of the writ of Habeas
Corpus
– C. to declare martial law
• Commander- in- Chief of the Armed Forces
Powers of President as Commander-in-
Chief of the Armed Forces
o Not a member of the Armed Forces
o Not subject to court martial or military
discipline
o Has control of the military organization
and personnel
o Has the power to callout the armed
forces to prevent suppress lawless
violence
 However, even in a state of martial law military
courts and agencies have no jurisdiction over
civilians where civil courts are able to
function.
In event of war, the President, normally, would
delegate the actual command of the armed
forces to his military experts. But the ultimate
command belongs to him
 Power to suspend privilege of writ of
habeas corpus

• There must be invasion or rebellion

• The public safety must require the suspension

 Meaning of martial law
• 1. It includes all laws that have reference to and
are administered by the military forces of the
state.
– A. the military law proper
– B. the rules governing the conduct of military forces in
times of war and in places under military occupation.

2. It is the law which has application when the

military arm does not supersede civil authority but
is called upon to aid it in the execution of its vital
functions.
 Restriction on the exercise of the two
powers
• 1. there must be invasion or rebellion and public safety requires the
proclamation or suspension
• 2. the duration should not exceed 60 days unless extended by
congress upon the initiative of the President
• 3. the President must submit a report in person or in writing to
Congress within 48 hours from the proclamation or suspension
• 4. the proclamation or suspension may be revoked by majority vote
of all members of Congress voting jointly which revocation shall not
be set aside by the President.
• 5. the Supreme Court may inquire into the sufficiency or factual
basis of the proclamation or suspension.
• 6. the effects of a state of martial law are clearly spelled out, to
define the extent of the martial power.
 Effects of a state of martial law
• 1. Operation of the Constitution
• 2. Functions of civil courts and legislative
assemblies
• 3. Jurisdiction of military courts and agencies
• 4. Privilege of the writ of habeas corpus
 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.
Pardon- Act of grace which exempts
individual from punishment which the
law inflicts.
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
Limitations upon pardoning power
• 1. It may not be exercised for offenses in
impeachment cases
• 2. It may be exercised only after conviction by
final judgement
• 3. It may not be exercised over civil contempt
• 4. In case of violation of election law or rules and
regulations, no pardon, parole, or suspension of
sentence may be granted without the
recommendation of the Commission on
Elections.
 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.
• Remission- prevents the collection of fines or
the confiscation of forfeited property.
• Amnesty- an act of the sovereign power
granting oblivion or a general pardon for a
past offense usually granted in favor of certain
classes of persons who have committed
crimes of a political character, such as
treason, sedition, or rebellion.
Pardon and amnesty distinguished
• 1. Pardon is grated by the President alone after conviction,
while amnesty with the concurrence of Congress before or
after conviction
• 2. Pardon is an act of forgiveness, while amnesty is the act
of forgetfulness.
• 3. Pardon is grated for infractions of the peace of the State,
while amnesty, for crimes against the sovereignty of the
State.
• 4. Pardon is a private act of the President which must be
pleaded and proved by the person who claims to have been
pardoned, while amnesty by proclamation of the President
with the concurrence of Congress is a public act of which
the courts will take judicial notice.
 6. 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 as may be provided by law.
• The Monetary board shall submit to the
Congress report on loans within 30 days from
the end of every quarter.
 Authority to contract and guarantee
foreign loans
• 1. Exclusive executive function
• 2. Concurrence of Monetary Board required
• 3. Checks by Congress
7. 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
• Treaty- compact made two or more states,
including international organizations of states,
intended to create binding rights and
obligations upon the parties thereto.
Steps in treaty- making

Negotiation

• 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