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The Executive the Role of the Philippine President in Relation

to his Powers
Philippine Politics and Governance (Don Honorio Ventura Technological State
University)

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The executive the role of the Philippine president in relation to his/her powers

The executive branch of the Philippine government is headed by the President of the
Republic of the Philippines. As head of the state, he or she is recognized as the representative
of the country to international functions and is afforded respect and recognition as a leader of
the state.

As head of government, the president takes on the main responsibilities of governance

and overseeing the local government units and acting as the Commander-in-Chief of the
Armed Forces of the Philippines.

The President has the authority to issue Executive Orders and other pronouncements
which are considered to be quasi-laws—because they have the effect of laws, are promulgated
as such as, and maybe challenged in the courts. He or she also issues proclamations and
administrative orders which relate to the administration of the various offices and agencies
within the executive branch.

The President of the Philippines is elected by direct vote of the people for a term of six
years. He may serve only for one term, and ineligible for re-election. The term of the President
starts at noon of the 30th day of June after the election.

Qualifications for the presidency and successors the following the position

In order for an individual; to become elected as President, he or she must meet the following
qualifications mandated by the 1987 Constitution:

1) Must be a natural-born Filipino citizen;

2) Must be a registered voter;

3) Must be literate;

4) Must be at least 40 years old by the day of the elections; and

5) Must have lived in the Philippines for no less than ten years before the day of the
election.

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In the event that an elected president is unable to perform his or her duties or carry out his or
her term of office due to a number of reasons, including resignation, death, or physical
incapacity, he or she will be succeeded by the Vice-President.

The President may also be removed from office through impeachment. An impeachment case
may be filed against the President for several reasons:

1. Culpable violation of the Constitution;

2. Treason, Bribery, Graft and Corruption, and other high crimes.

3. Betrayal of Public Trust

Powers of the president

1. POWER OF CONTROL OVER THE EXECUTIVE BRANCH - has the mandate or

control over all executive departments (cabinet), bureaus and offices.

2. POWER ORDINANCE POWER – has the power to give executive issuances as means to
streamline the policy and programs of the administration. (Executive orders,
administrative orders, proclamations, memorandum orders, memorandum circulars,
and general or special orders).

3. POWER OVER ALIENS – the power over foreigners in the country by having them
deported from the country after due process; change the status of a foreigner as
prescribed by law.

4. POWERS OF EMINENT DOMAIN, ESCHEAT, LAND RESERVATION AND RECOVERY

OF ILL-GOTTEN WEALTH

 POWER OF EMINENT DOMAIN - the necessity or advantageous act to exercise

the power of domain in behalf of the national government, and direct the solicitor
general, whenever he deems the action advisable, to institute expropriation
proceedings in the proper court.

 POWER TO DIRECT ESCHEAT OR REVERSION PROCEEDINGS over all lands

transferred or assigned to persons disqualified under the constitution to acquire
land.

 POWER TO RESERVE LANDS OF THE PUBLIC AND PRIVATE DOMAIN OF THE

GOVERNMENT.

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 POWER ALL ILL-GOTTEN WEALTH – the president has the authority to recover
ill-gotten properties amassed by the leaders and supporters of the previous regime,
and protect the interest of the people through orders or sequestration or freezing
of assets or accounts.

5. POWER OF APPOINTMENT - the power to appoint officials of the Philippine

government as provided for under the existing laws. Some of these appointments,
however, may need the approval of the Commission of Appointments composed of the
members from the House of Representatives and the Senate of the Philippines.

6. POWER OF GENERAL SUPERVISION OVER LOCAL GOVERNMENTS – as chief

executive, the President has the mandate to supervise local governments in the
Philippines. Traditionally, the Department of Interior and Local Government headed by
a cabinet secretary is in charge of this supervision with the President.

7. SUSPENSION OF THE PRIVILEGE OF WRIT OF HABEAS CORPUS – grounds for

suspension: invasion or rebellion when public safety requires it.

Effects of Suspension of the Privilege of the writ:

i. Proclamation DOES NOT affect the right to bail;

ii. Suspension applies only to persons facing charges of rebellion or offenses inherent in or
directly connected with invasion;

iii. Persons arrested must be charged within 3 days if not, they must be released; and

iv. Proclamation does not supersede civilian authority

Declaration of Martial Law

Grounds for Declaration: Invasion of Rebellion

Note: The following cannot be done

i. Suspend the operation of the Constitution;

ii. Supplant the functioning of the civil courts and legislative assemblies;

iii. Confer jurisdiction upon military and agencies over civilians. Open Court Doctrine –
civilians cannot be tried by military courts if the civil courts are open and functioning;
and

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iv. There is constitutional limitation on the suspension of the privilege of the writ of
habeas corpus and declaration of martial law [Article VII, Section 18 (4)].

8. THE POWER TO GRANT THE FOLLOWING:

i. REPRIEVE – postponement of the execution of a death sentence;

ii. COMMUTATION – reduction of the sentence imposed for lesser punishment;

iii. PARDON – act of grace which exempts the individual from the punishment the law
inflicts for a crime he has committed;

iv. REMISSION – condonation of the financial obligation and the return of properties
confiscated by reason of the commission of the offense and conviction of the offender;

v. AMNESTY – act of sovereign power granting a general pardon for a past offense
usually granted in favor of a certain class of persons which have committed crimes of a
political character. When one is granted amnesty, it is like that he has not committed
any offense.

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