CONTINUATION EXECUTIVE DEPARTMENT

Section 13 DISQUALIFICATIONS
Subject Source of Disqualification
President, Vice-President, Prohibited from:
Cabinet Members, Deputies or
Assistants of Cabinet 1. Holding any office or
Members employment during their
tenure, UNLESS:

 otherwise provided in the

Constitution (e.g. VP can be
appointed a Cabinet Member,
Sec. of Justice sits on Judicial
and Bar Council); or
HUMSS
 the positions are ex-officio
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and they do not receive any
PHILIPPINE POLITICS salary or other emoluments
MR. ARNOLD V. DE CASTRO therefor (e.g. Sec. of Finance
is head of Monetary Board).

2. Practicing, directly or
indirectly, any other profession
during their tenure;
3. Participating in any
business;
4. Being financially interested
in any contract with, or in any
franchise, or special privilege
granted by the government or
any subdivision, agency or
instrumentality thereof,
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 including GOCC’s or their 2) Thus, generally the acts of these department heads, etc, which
subsidiaries. are performed in the regular course of business, are presumptively
the acts of the President.
3) Exception: If the acts are disapproved by the President.

Disciplinary Powers:
1) The power of the President to discipline officers flows from
the power to appoint the, and NOT from the power control.
2) BUT While the President may remove from office those who
are not entitled to security of tenure, or those officers with no set
terms, such as Department Heads, the officers, and employees
entitled to security of tenure cannot be summarily removed from
office.

Power of Supervision:
Secs. 14-16. POWER TO APPOINT
- power of a superior officer to ensure that the laws are faithfully
Principles:
executed by subordinates.
1. Since the power to appoint is executive in nature, Congress
cannot usurp this function.
2. While Congress (and the Constitution in certain cases) may
prescribe the qualifications for particular offices, the determination
of who among those who are qualified will be appointed is the
Sources:
President’s prerogative.
Section 17 Power of Control: LawPhil, <https://lawphil.net/consti/cons1987.html>,
The power of an officer to alter, modify, or set aside what a accessed last 10 October 2020.
subordinate officer has done in the performance of his duties, and
to substitute the judgment of the officer for that of his subordinate. Philippine Law Reviewers,
Thus, the President exercises control over all the executive https://lawphilreviewer.wordpress.com/tag/political-law-
departments, bureaus, and offices. constitutional-law-article-vii/, accessed last 10 October 2020.
Qualified Political Agency:
1) Since all executive and administrative organizations are
adjuncts of the Executive Department, the heads of such
departments, etc. are assistants and agents of the President.
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