The Executive Branch of the

Government
Article VII of the 1987 Philippine Constitution
Powers of the President
Section The President shall have control of all
17 the executive
departments, bureaus, and offices. He
shall ensure that the laws be faithfully
executed.
Control Power- the president shall have the control of all the
executive departments, bureaus, and offices. The control
power of the President is directly derived from the
Constitution. Thus, any law that will limit the exercise of his
control power is invalid. The members of the Cabinet as his
alter ego are under the full control of the President. He may
appoint them as he sees fit, shuffle them at pleasure, and
replace them in his discretion without any legal inhibition
whatsoever. (ibid).
Control is defined as the power
of an officer to alter or modify or
nullify or set aside what a
subordinate officer had done in
the performance of his duties
and to substitute the judgment
of the former for that of the
latter. It includes the authority to
order the doing of an act by a
subordinate or to undo such act
or to assume a power directly
vested in him by law.
(Cruz, 2002).
Supervision is to oversee that
subordinate officers perform
their duties. If the subordinates
fail or neglect to fulfill
them, then the officer may take
such action or steps as
prescribed by law to make them
perform these duties.
The “take care” clause. The President is considered
as the Law Enforcer. He is to enforce the
Constitution, statutes, judicial
decisions, administrative rules and regulations and
municipal ordinances, as well as treaties entered into
by the government.
Section The President shall be the Commander-in-Chief of all armed
forces of the Philippines and whenever it becomes
18
necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In case of
invasion or rebellion, when the public safety requires it, he
may, for a period not exceeding sixty days, suspend the
privilege of the writ of habeas corpus or place the
Philippines or any part thereof under martial law. Within
forty-eight hours from the proclamation of martial law or
the suspension of the privilege of the writ of habeas
corpus, the President shall submit a report in person or in
writing to the Congress. The Congress, voting jointly, by a
vote of at least a majority of all its Members in regular or
special session, may revoke such proclamation or
suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the Congress
may, in the same manner, extend such proclamation or
suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist and public
safety requires it.
 The Congress, if not in session, shall, within twenty-four hours following
such proclamation or suspension, convene in accordance with its rules
without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any

citizen, the sufficiency of the factual basis of the proclamation of martial
law or the suspension of the privilege of the writ of habeas corpus or the
extension thereof, and must promulgate its decision thereon within thirty
days from its filing.

A state of martial law does not suspend the operation of the

Constitution, nor supplant the functioning of the civil courts or legislative
assemblies, nor authorize the conferment of jurisdiction on military courts
and agencies over civilians where civil courts are able to function, nor
automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply
only to persons judicially charged for rebellion or offenses inherent in, or
directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any
person thus arrested or detained shall be judicially charged within three
days, otherwise he shall be released.
 Command of the Armed Forces- the
president is held as the Commander-in-
Chief of all the Armed Forces.

Suspension of the writ of habeas corpus-

note that what is suspended is not the
writ itself but only the privilege of it.

Declaration of Martial Law- law

which has an application when the
military does not supersede civilian
authority bur is called upon to aid it
in the execution of its civil function.
Limitations of the Military Power:
1. He may call out the armed forces when it become
necessary to prevent or suppress lawless violence, invasion or
rebellion only.
2. The grounds for the suspension of the privilege of the writ of
habeas corpus and the proclamation of martial law are now
limited only to invasion or rebellion, when the public safety
requires it.
3. The duration of such suspension or proclamation shall not
exceed sixty days, following which it shall be automatically lifted.
4. Within forty-eight hours after such suspension or
proclamation, the President shall personally or in writing report
his action to the Congress. If not in session, Congress must
convene within 24 hours without need of a call.
5. The Congress may then, by a majority vote
of all its members voting jointly, revoke his
action.
6. The revocation may not be set aside by the
President.
7. By the same veto and in the same manner, the Congress
may, upon initiative of the President, extend his suspension
or proclamation for a period to be determined by the
Congress if the invasion or rebellion shall continue and the
public safety requires the extension.
8. The action of the President and the Congress shall be
subject to review by the Supreme Court which shall have the
authority to determine the sufficiency of the factual basis of
such action. This matter is no longer considered a political
question and may be raised in an appropriate proceeding by
any citizen. Moreover, the Supreme Court must decide the
challenge within thirty days from the time it is filed.
9. Martial law does not automatically suspend the
privilege of the writ of habeas corpus or the
operation of the Constitution. The civil courts and
the legislative bodies shall remain open. Military
courts and agencies are not conferred jurisdiction
over civilians where the civil courts are functioning.
10. The suspension of the privilege of the writ of habeas
corpus shall apply only to persons facing charges of
rebellion or offenses inherent in or directly connected
with invasion.
11. Any person arrested for such offense must be
judicially charged therewith within three days.
Otherwise he shall be released.
Section Except in cases of impeachment, or as otherwise provided
in this Constitution, the President may grant
19 reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the

concurrence of a majority of all the Members of the
Congress.

Pardoning Power- the president may grant

reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction
by final judgment.
 Pardon- is an act of grace which exempts the
individual on whom it is bestowed from the
punishment which the law inflicts for the crime
he has committed

Parole- is when the prisoner is released from

imprisonment but his liberty is not fully
restored because the parolee is still
considered in the custody of the law
although he is not in confinement
 Commutation- is a reduction or mitigation of
the penalty

Reprieve- is merely a postponement of a

sentence to a date certain, or a stay of
execution

Amnesty- is an act of grace given with

the concurrence of the Congress
Kinds of Pardon:
Pardon may be classified into-
1. Absolute or conditional
2. Plenary or partial
Limitations:
1. It cannot be granted in case of impeachment
2. It cannot be granted in cases of violations of election
laws without the favorable recommendation of the
Commission on Elections
3. It can be granted only after conviction of final
judgment
4. It cannot be granted in cases of legislative contempt or
civil contempt
5. It cannot absolve the convict of civil liability
6. It cannot restore public offices forfeited
 The President may contract or guarantee foreign loans on
Section behalf of the Republic of the Philippines with the prior
20 concurrence of the Monetary Board, and subject to such
limitations as may be provided by law. The Monetary Board
shall, within thirty days from the end of every quarter of the
calendar year, submit to the Congress a complete report of
its decision on applications for loans to be contracted or
guaranteed by the Government or government-owned and
controlled corporations which would have the effect of
increasing the foreign debt, and containing other matters as
may be provided by law.

Borrowing Power- the president may

contract or guarantee foreign loans on
behalf of the Republic of the
Philippines with prior concurrence of
the Monetary Board
Diplomatic Power- the president is
the spokesperson of the nation on
external affairs. He may deal with
foreign states and
governments, extend or withhold
recognition, maintain diplomatic
relations, enter into treaties, and
transact business on foreign
relations.
Thank You!!!!!! 