Executive Branch

POLITICAL LAW CONSTITUTIONAL LAW

the branch of public law that aids us to analyze the legal
deals with the organization and foundations of government
operation of the government functions and the extent of the
organs of the state and its
relations with the inhabitants of application of political power in
the territory. each branch of the government.

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VERBA LEGIS RATIO LEGIS EST ANIMA

words in the Constitution if reading the provisions of the
must be interpreted in plain Constitution created multitude of
form except for the perspectives, then, the intent of
technical terms (legal the original framers should prevail
phrases) and exemptions and this should be the primordial
basis of the application of a
provided. certain provision.

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UT MAGIS VALEAT QUAM

PEREAT
the Constitution must be interpreted as a whole •Co-equality of functions
•Separation of power
and its provisions must be interpreted as
unifying components of law rather than
conflicting provisions. The 1987 Philippine
Constitution is a reflection of democratic ideals
that valued human rights, social justice, and
•Checks-and-balances
integrity in public service.

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Executive Branch

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“I do solemnly swear (or affirm) that I will

faithfully and conscientiously fulfill my duties
as President (or Vice-President or Acting
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.” (In case of affirmation, last sentence
will be omitted.)

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1. Power of control over the executive

branch
•The President of the Philippines has the
mandate of control over all the executive
departments, bureaus, and offices.

•This includes restructuring, reconfiguring,

and appointments of their respective
officials.

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Executive Branch

2. Power ordinance power 3. Power over aliens

• Executive Orders •The chief executive may have an alien in the
• Administrative Orders Philippines deported from the country after
• Proclamations due process.
• Memorandum Orders
• Memorandum Circulars
•The President may change the status of a
• General or Special Orders foreigner, as prescribed by law, from a non-
immigrant status to a permanent resident
*Presidential Decrees status without necessity of visa.

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4. Powers of eminent domain, escheat, land

Power over aliens reservation and recovery of ill-gotten wealth
• The President may choose to overrule the Board of
Commissioners of the Bureau of Immigration before their
decision becomes final and executory (after 30 days of the
issuance of the decision). The Board of Commissioners of the
Bureau of Immigration has jurisdiction over all deportation
cases.
• The president is also mandated by the Administrative Code of
1987 to exercise powers as recognized by the generally
accepted principles of international law.

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Power of eminent domain Power to direct escheat or reversion

proceedings
•The President shall determine when it is •The President shall direct the
necessary or advantageous to exercise the solicitor general to institute escheat
power of eminent domain in behalf of the
national government, and direct the or reversion proceedings over all
solicitor general, whenever he deems the lands transferred or assigned to
action advisable, to institute expropriation persons disqualified under the
proceedings in the proper court. constitution to acquire land.

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Executive Branch
Power to reserve lands of the public and
private domain of the government
•The president shall have the power to
reserve for settlement or public use, and for
specific public purposes, any of the lands of
the public domain, the use of which is not
otherwise directed by law. The reserved land
shall thereafter remain subject to the
specific public purpose indicated until
otherwise provided by law or proclamation.
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Power over ill-gotten wealth
• The President shall direct the solicitor general to institute
proceedings to recover properties unlawfully acquired by public
officials or employees, from them or from their nominees or
transferees.
• Within the period fixed in, or any extension thereof authorized
by, the constitution, the President shall have 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 of sequestration or freezing of assets
or accounts.
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• SECTION 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
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. 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
departments, agencies, commissions, or boards.
• The President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until after disapproval by the
Commission on Appointments or until the next adjournment of the
Congress.
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Power to reserve lands of the public and
private domain of the government
• He shall also have the power to reserve from sale
or other disposition and for specific public uses
or purposes, any land belonging to the private
domain of the government, or any of the friar
lands, the use of which is not otherwise directed
by law, and thereafter such land shall be used for
the purposes specified by such proclamation
until otherwise provided by law.
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5. Power of appointment
• The President may appoint officials of the
Philippine government as provided by the
constitution and laws of the Philippines. Some of
these appointments, however, may need the
approval of the Committee on Appointments (a
committee composed of members from the
House of Representatives and the Senate of the
Philippines).
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6. Power of general supervision over
local governments
• The President of the Philippines, as chief executive, has the
mandate to supervise local governments in the Philippines,
despite their autonomous status as provided by Republic Act
No. 7160 otherwise known as the Local Government Code of
1991.
• Traditionally, this is done by the Department of the Interior and
Local Government, headed by a cabinet secretary—an alter ego
of the President.
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Executive Branch

• SECTION 18. The President shall be the Commander-in-Chief of all armed

forces of the Philippines and whenever it becomes necessary, he may call
7. Other powers 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
•Aside from the aforementioned 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
powers of the President of the or the suspension of the privilege of the writ of habeas corpus, the

Philippines, he can also 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
exercise powers enumerated in in regular or special session, may revoke such proclamation or
suspension, which revocation shall not be set aside by the President. Upon
the constitution, and powers the initiative of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period to be determined by
given to him by law. the Congress, if the invasion or rebellion shall persist and public safety
requires it.

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• The Congress, if not in session, shall, within twenty-four hours following

such proclamation or suspension, convene in accordance with its rules •SECTION 19. Except in cases of impeachment,
without any need of a call. or as otherwise provided in this Constitution,
• The Supreme Court may review, in an appropriate proceeding filed by any
citizen, the sufficiency of the factual basis of the proclamation of martial the President may grant reprieves,
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. commutations and pardons, and remit fines
• A state of martial law does not suspend the operation of the Constitution, and forfeitures, after conviction by final
nor supplant the functioning of the civil courts or legislative assemblies,
nor authorize the conferment of jurisdiction on military courts and judgment.
agencies over civilians where civil courts are able to function, nor
automatically suspend the privilege of the writ. •He shall also have the power to grant amnesty
• The suspension of the privilege of the writ shall apply only to persons
judicially charged for rebellion or offenses inherent in or directly connected
with the concurrence of a majority of all the
with the invasion. Members of the Congress.
• During the suspension of the privilege of the writ, any person thus arrested
or detained shall be judicially charged within three days, otherwise he shall
be released.

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•SECTION 20. 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 •SECTION 21. No treaty or
may be provided by law. The Monetary Board shall, international agreement shall be
within thirty days from the end of every quarter of
the calendar year, submit to the Congress a valid and effective unless concurred
complete report of its decisions on applications for
loans to be contracted or guaranteed by the in by at least two-thirds of all the
Government or government-owned and controlled Members of the Senate.
corporations which would have the effect of
increasing the foreign debt, and containing other
matters as may be provided by law.

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Executive Branch
•SECTION 22. 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.
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LINE OF SUCCESSION
1.Vice President — in cases of the death, disability, or resignation of
the President
2.Senate President — in cases of the death, disability, or resignation of
the President and Vice President
3.Speaker of the House of Representatives — in cases of the death,
disability, or resignation of the President, Vice President, and Senate
President
The Congress of the Philippines is mandated enact a law calling for a
special election three days after the vacancy in the Office of the
President and Vice President. The special election should occur 40
days after the enactment of the law, but not later than 60 days after
the enactment of the law.
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LINE OF SUCCESSION
Should there be a vacancy of the Office of the Vice
President, the President of the Philippines is
required by the constitution to nominate a
replacement with the concurrence of Committee
on Appointments.
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•SECTION 23. The President shall
address the Congress at the
opening of its regular session.
He may also appear before it at
any other time.
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DUTIES OF THE VICE PRESIDENT
• According to the constitution, the vice president may
concurrently assume a cabinet position should the
President of the Philippines offer the former one. The
vice president will become a secretary concurrent to
the position of vice president.
• Aside from the cabinet post, the vice president is
mandated to assume the presidency in case of the
death, disability, or resignation of the incumbent
President.
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CABINET SECRETARIES
• Cabinet secretaries act as the alter ego of the
President executing, with his authority, the power of
the Office of the President in their respective
departments.
• The number of cabinet secretaries varies from time to
time depending on the need of an administration.
According to the Administrative Code of 1987, the
President of the Philippines may create or dissolve
any department as he sees fit.
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Executive Branch

1.Executive Secretary
2.Secretary of Agrarian Reform
3.Secretary of Agriculture POWERS OF A CABINET SECRETARY
4.Secretary of Budget and Management
5.Secretary of Education
6.Secretary of Energy • As stated above, a cabinet secretary is the alter ego of the
7.Secretary of Environment and Natural Resources
8.Secretary of Finance President in their respective departments. Thus, they posses
9.Secretary of Foreign Affairs the power to issue directives relative to their departments, such
10.Secretary of Health
11.Secretary of Justice as department orders. These orders only apply to offices under
12.Secretary of Labor and Employment a specific department under the cabinet secretary’s jurisdiction.
13.Secretary of National Defense
14.Secretary of Public Works and Highways Cabinet secretaries also act as advisors to the President of the
15.Secretary of Science and Technology Philippines for their areas.
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
22.Director General of the National Economic and Development Authority

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