ARTICLE VII: EXECUTIVE

DEPARTMENT (2)
SPECIFIC POWERS OF THE
PRESIDENT

ARTICLE VII
SEC. 16 - 23
 SECTION 16
APPOINTING POWER
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 consuls, 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.
APPOINTMENT – is the act of designation
by the executive officer of the
individual who is to exercise the
functions of a given office.

Although the Constitution contains no

provision expressly vesting in the
President the power to remove
executive officials from their posts, he
still has the removal power as it is
implied from his appointing power.
SECTION 17
COMMAND RESPONSIBILITY
The President shall have control
of all the executive
departments, bureaus and
offices. He shall ensure that the
laws be faithfully executed.
CONTROL POWER
The President may alter or modify
or set aside actions of subordinate
officers. He has also the power to
supervise, investigate, suspend or
remove erring officers.
 SECTION 18
MILITARY POWER

The President shall be the Commander-in-Chief

of all armed forces of the Philippines and
whenever it becomes necessary, he may call out
such armed forces to prevent or suppress lawless
violence, invasion or rebellion.
 SECTION 18
MILITARY POWER

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.
 SECTION 18
MILITARY POWER
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.
 SECTION 18
MILITARY POWER
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 any need of a call.
 SECTION 18
MILITARY POWER
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 or the extension
thereof, and must promulgate its decision
thereon within thirty days from its filing.
 SECTION 18
MILITARY POWER

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.
Military powers given to the President by the
Constitution.
The President, as Commander-in-Chief, is
authorized by Section 18 under specified
conditions:
(1) to call out such armed forces to prevent or
suppress lawless violence, invasion, or
rebellion,
(2) to suspend the privilege of the writ of
habeas corpus, and
(3) to place the Philippines or any part thereof
under martial law.
Restrictions on the President’s Power
to Declare Martial Law.
1. There must be an invasion or rebellion
2. The duration shall not exceed 60 days
3. The President must submit a report to
Congress within 48 hours after the
declaration
4. The declaration may be revoked by Congress
5. The Supreme Court may inquire into the
sufficiency of the factual basis of the
proclamation (Any citizen filed)
 Meaning of Martial Law

Martial law is essentially police power.

This is borne by the constitutional text
which sets down “public safety” as the
object of the exercise of martial law.
Public safety is the concern of police
power.
 SECTION 19
PARDONING POWER
Except in cases of impeachment,…
the President may grant reprieves,
commutations and pardons …, 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.
 REPRIEVE
The postponement of
the execution of a
death sentence.
 COMMUTATION
The reduction of the
sentence imposed on a
person to a lesser
punishment.
 PARDON
It exempts a person from the
punishment which the law
inflicts for a crime he has
committed.
 AMNESTY
It abolishes the offense of
which a person is charged.
 DIFFERENCES
BETWEEN PARDON
AND AMNESTY
Pardon is granted by the Chief Executive
and as such it is a private act which must
be pleaded and proved by the person
pardoned, because the courts take no
notice thereof;
Amnesty by Proclamation of the Chief
Executive with the concurrence of
Congress, is a public act of which the
courts should take judicial notice.
Pardon is granted to one
after conviction;
Amnesty is granted to classes
of persons guilty of political
offense, generally before or
after the institution of the
criminal prosecution and
sometimes after conviction.
 Pardon looks forward and relieves the
offender from the consequences of an offense
of which he has been convicted; abolishes or
forgives the punishment.
 While amnesty looks backward and abolishes
and puts into oblivion the offense itself, it so
overlooks and obliterates the offense with
which is charged that the person released by
amnesty stands before the law precisely as
though he had committed no offense.
 SECTION 20
BORROWING POWER

The President may contract or guarantee

foreign loans on behalf of the Republic of
the Philippines with the prior
concurrence of the Monetary Board, and
subject to such limitations as may be
provided by law.
 SECTION 21
DIPLOMATIC POWER

No treaty or international agreement

shall be valid and effective unless
concurred in by at least two-thirds of
all the Members of the Senate.
 FOREIGN RELATIONS POWERS OF THE
PRESIDENT
(1) the power to negotiate treaties and international
agreements;
(2) the power to appoint ambassadors and other public ministers
and consuls;
(3) the power to receive ambassadors and other public ministers
accredited to the Philippines;
(4) the power to contract and guarantee foreign loans on behalf
of the Republic;
(5) the power to deport aliens.
 SECTION 22:
BUDGETARY POWER
The President shall submit to the Congress
within thirty days from the opening of
every regular session, as the basis of the
general appropriations bill, a budget of
expenditures and sources of financing,
including receipts from existing and
proposed revenue measures.
 SECTION 23
INFORMING POWER

The President shall address the

Congress at the opening of its
regular session. He may also
appear before it at any other time.
Section 23 gives an opportunity to the
President to give information on the
“state of the nation” and to
recommend such measures to the
legislature as he may deem necessary
and proper.
Prerogative to address and appear before Congress.
This provision furnishes an opportunity on the part of the
President at the opening of the regular session of Congress (Art.
VI, Sec. 15.)
(1) to give information on the “state of the nation” and
(2) to recommend to the consideration of the legislative body
such measures as he may deem necessary and proper.
Such measures are, of course, merely proposals. They may have
no binding effect until enacted by the Congress. The address
may also contain guidelines of national policy.
The President may appear before Congress at any other time he
may choose after the opening of its regular session