ARTICLE 7.

EXECUTIVE BRANCH
1. 1. ARTICLE 7. EXECUTIVE BRANCH
2. 2. 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
3. 3. 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)
4. 4. 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.
5. 5. Term of Office Election • The President and VicePresident 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)
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
6. 6. “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.”
7. 7. Salaries  President Shall receive an annual salary of three hundred thousand pesos
(Php 300,000). Vice – President Two hundred forty thousand pesos.
8. 8. 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.
9. 9. SEAL OF THE VICE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES
10. 10. Presidential Succession(Sec 7-8) 2 sets of rule: a.) Occuring before the term b.)
Occuring mid-term
11. 11. 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.
12. 12. 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.
13. 13. THE EXECUTIVE DEPARTMENT VACANCY DURING THE TERM •Death, permanent
disability, removal from office, or resignation of the President VP SHALL become President
14. 14. 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.
15. 15. 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
16. 16. 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.
17. 17. 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
18. 18. Prohibitions and Inhibitions 1. 2. 3. 4. No increase in salaries during the term. Shall not
receive emoluments Shall not hold any other office. 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)
19. 19. 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 7.)
Borrowing Power 8.) Diplomatic Power 9.) Budgetary Power 10.)Informing Power
11.)Residual Power • Other Powers
20. 20. 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)
21. 21. 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
22. 22. 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.
23. 23. 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
24. 24. 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 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 15. Secretary of Science and Technology 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
25. 25. 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.
26. 26. 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.
27. 27. Kinds of presidential appointments (required to be submitted to the Commission on
Appointments) • 1. Regular appointments • 2. Ad interim appointments
28. 28. 1. Regular appointments Nomination by the President Consent by the Commission on
Appointments Appointment by the President
29. 29. 2. Ad interim appointments • Voluntary- before the adjournment • Compulsory- when
Congress adjourns
30. 30. Kinds of appointment in the career services: • Permanent • Temporary or acting
31. 31. Steps in the appointing process: APPOINTMENT ACCEPTANCE
32. 32. 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
33. 33. 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.
34. 34. 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.
35. 35. 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.
36. 36. 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.
37. 37. 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.
38. 38. 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
39. 39. 4. Military Powers Constitutional Limitations of Martial LaW And the suspension of
privilege of Habeas Corpus: Ways 60 days, unless extended by • Not more than to lift
proclamation or congress suspension: I. By the President himself • President to report to
congress within 48 hours II. Revocation by Congress III. Nullification by to revoke Court •
Authority of the congress the Supremeor extend IV. By operation of law after 60 days •
Authority of the Supreme Court to inquire of the factual basis for such action
40. 40. 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
41. 41. Powers of President as Commander-inChief 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
42. 42. 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
43. 43. Power to suspend privilege of writ of habeas corpus • There must be invasion or rebellion
• The public safety must require the suspension
44. 44. 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.
45. 45. 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.
46. 46. 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
47. 47. 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.
48. 48. 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
49. 49. 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.
50. 50. 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.
51. 51. 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.
52. 52. Kinds of pardon • Absolute • Conditional
53. 53. 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.
54. 54. 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.
55. 55. • 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.
56. 56. 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.
57. 57. 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.
58. 58. Authority to contract and guarantee foreign loans • 1. Exclusive executive function • 2.
Concurrence of Monetary Board required • 3. Checks by Congress
59. 59. 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
60. 60. • Treaty- compact made two or more states, including international organizations of
states, intended to create binding rights and obligations upon the parties thereto.
61. 61. Steps in treaty- making Negotiation • Approval or ratification
62. 62. 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.
63. 63. 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
64. 64. 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