EXECUTIVE BRANCH

ART VII, 1987 CONSTITUTION

1. Executive Power
The executive power shall be vested in the President of the Philippines. (Sec. 1, Art. VII
1987 Constitution)

2. Qualifications for Presidency

The 1987 Constitution provides the following qualifications (Sec. 2, Article VII):
o Natural-born Citizen
o A registered voter
o Able to read and write
o At least forty (40) years old on the day of election
o Resident of the Philippines for at least 10 years immediately preceding the
election.

There shall be a Vice-President who shall have the same qualifications and term of
office and be elected with and in the same manner as the President. He may be
removed from office in the same manner as the President. (Sec. 3)

3. Term of Office of the President

The President is elected by the direct vote of the people. The term of office is six years
which shall begin at the noon on the 30th day of June following the Election Day and
shall end at the same time and day, six years thereafter. He is not eligible for any re
election.

No person who has succeeded as President and has served as such for more than four
(4) years shall be qualified for election to the same office at any time.

4. Privileges
a. Official Residence
The President is the only official of the government provided with a residence
maintained by public funds. The Malacañang Palace is often referred to as the
seat of the Philippine Presidency.
b. Salary
The salary of the President is determined by law, and shall not be decreased
during his tenure.

c. Immunity.
He is accorded with immunity from both civil and criminal. This is to assure the
exercise of duties free from any hindrance or distractions, considering that being
a Chief Executive of the Government is a job that demands undivided attention.

d. Executive Privilege
It has been defined as the “right of the President and high-level executive branch
officials to withhold information from the Congress, the courts, and the public.”

in the area of military and foreign relations.

5. Prohibitions/Inhibitions (applies to the Vice President, members of the Cabinet, their
deputies and assistants.)
a. Receiving any emolument from the government or any other source
b. Holding any other office of employment unless otherwise provided by the
Constitution.
c. Direct or indirect practicing profession, participating in any business, or 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,
including government-owned or controlled corporations or their subsidiaries.
d. Conflict of interests in the conduct of his office.
e. Appointing spouse and relatives by consanguinity or affinity within the fourth civil
degree as a member of Constitutional Commissions, of the Office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or head of bureaus
or offices, including government-owned or controlled corporations and their
subsidiaries.

6. Rules on Succession to the Office of the President (Sec. 7,8,9)

i. If the President-elect fails to qualify, the Vice-President-elect shall act as
President until the President-elect shall have qualified.
ii. If a President shall not have been chosen, the Vice-President-elect shall act as
President until a President shall have been chosen and qualified.
iii. If at the beginning of the term of the President, the President-elect shall have
died or shall have become permanently disabled, the Vice-President-elect shall
become President.
iv. Where no President and Vice-President shall have been chosen or shall have
qualified, or where both shall have died or become permanently disabled, the
President of the Senate or, in case of his inability, the Speaker of the House of
Representatives shall act as President until a President or a Vice-President shall
have been chosen and qualified.
v. SECTION 8. In case of death, permanent disability, removal from office, or
resignation of the President, the Vice-President shall become the President to
serve the unexpired term. In case of death, permanent disability, removal from
office, or resignation of both the President and Vice-President, the President of
the Senate or, in case of his inability, the Speaker of the House of
Representatives, shall then act as President until the President or Vice-President
shall have been elected and qualified.
vi. SECTION 9. Whenever there is a vacancy in the Office of the Vice-President
during the term for which he was elected, the President shall nominate a Vice-
President from among the Members of the Senate and the House of
Representatives who shall assume office upon confirmation by a majority vote of
all the Members of both Houses of the Congress, voting separately.

7. Powers of the President

a. Power to execute laws.
He has the power to execute, implement and carry into effect laws and policies.
Included is the authority to carry into effect specific explicit provision a well as
general in intent and mandate of laws

b. Power to appoint and remove.

He has the power to appoint executive branch positions such senior officials of
executive departments and bureaus, senior military officers, state diplomats, and
 head and official of government-owned and controlled corporations including
Supreme Court justices and judges of lower courts and chairs and
commissioners of Constitutional Commissions. The President’s power to remove
is inexplicit from the power to appoint. This power of the President may be limited
by the constitution and statuses.

c. Control and Supervision.

He has the authority to at directly whenever a specific action is entrust by law;
direct the performance of duty and restrain the commission of acts; review,
approve, reverse or modify acts and decisions of subordinate officials or units,
determine priorities and can reorganize the executive branch.

d. Supervision of the Local Government Units.

He has the authority to ensure that the LGUs are operating in accord with law. He
can hear and decide administrative complaints filed against government officials
and enforced penalties. Supervision means the power to oversee the
performance of duties of local officials and bring order to their activities in the act
of accomplishing the instruction or policies.

e. Military.
He has the power to command and control the armed forces, both the military
and the police in both peace and war. He can suspend the writ of habeas corpus
and declare martial law. He is the Commander-in-Chief of all armed forces.

Martial law is a state existing when the military authorities administrated

government or exercise control over civilians in domestic territory.

f. Legislative.
He can make policies through an Executive Order, Administrative Order and
other special orders and proclamations in performing official function. He can
also prevent the passage of a law and reject bills passed by the legislature. He
also can address the legislature and present his legislative agenda.

g. Executive Clemency.
He can grant pardons and suspend sentences however subject to legislative
approval. Pardon is an exercise of the sovereign prerogative of mercy, relieving
from the person from the punishment that the law imposes for the crime he has
committed.

h. Contract loan
He may contract or guarantee foreign loans in behalf of the Republic of the
Philippines only with the preceding agreement of the Monetary Board, and make
liable to such restrictions as possibly provided by law.

i. Diplomat. He receives foreign diplomat agents, appoint and send diplomatic

agents, negotiate and sign treaties and international agreements.

j. Deport Alien. He can carry on the power to grant entry or throw out aliens
because this power is implicit in sovereignty and strictly a discretional act.
 k. Power Residual. This is the inexplicit power lodge to the President to do
anything, which is not prohibited by the Constitution and configured for public
welfare, based on his duty as decision maker of the people and guardian of
peace.

8. ALTER EGO PRINCIPLE

“Doctrine of Qualified Agency”

All executives and administrative organizations are adjuncts of the Executive

Department.

the heads of the various executive departments are assistants and agents of the Chief
Executive (President)

The acts of the Secretaries of such departments performed and promulgated in the
regular course of business are presumptively the acts of the Chief Executive.

Offices/Departments under the executive department

1. Central Bank
2. Department of Agrarian Reform
3. Department of Budget and Management
4. Department of Energy
5. Department of Public Works and
Highways
6. Department of Agriculture
7. Department of Education
8. Department Environment and Natural
Resources
9. Department of Finance
10. Department of Foreign Affairs
11. Department of Health
12. Department of Interior and Local
Government
13. Department of Justice
14. Department of Labor and Employment
15. Department of National Defense
16. Department of Science and Technology
17. Department of Social Welfare and
Development
18. Department of Tourism
19. Department of trade and Industry
20. Department of Transportation and
Communications
21. Office of the President
22. Office of the Press Secretary