THE

EXECUTIVES
CHAPTER VI
The Government is composed of three branches
possessing distinct powers:

- The legislative branch

- The judiciary
- The executive branch
 
 
The Legislative Branch
• Creates the laws

The Judiciary
• Interprets these laws in legal disputes.

The Executive Branch

• Implements these laws through different departments, agencies, offices and
instrumentalities.
Congress
• the one who serves to balance the powers of the others. If there are
excesses, the judicial branch may, in an appropriate case, exercise its
power of judicial review.

The President
• The one who executes the law.
The Constitution
• The one who grants the president other powers.
The Chief Executive
• Is limited to the implementation of the laws.
The Meaning of Executive Power

Article VII enumerates the other powers of the

President:
1. The power of control over all executive departments, bureaus, and
offices;
2. The appointing power;
3. The powers under the commander-in-chief clause;
4. The power to grant reprieves, commutations, and pardons;
5. The power to grant amnesty with the concurrence of Congress;
6. The power to contract or guarantee foreign loans;
7. The power to enter into treaties or international agreements;
8. The power to submit the budget to Congress; and
9. The power to address Congress
Power of Control

• It is the power of an officer to alter or modify

or nullify or set aside what a subordinate has
done in the performance utieof ds and to
substitute the judgement of the officer.
 Power of Appointment

• Is the selection by the proper authority of an

individual who is to exercise the powers and
functions of a given office.
• In making the selection, the President is free to
choose an appointee.
The President can appoint the following officials subject to the
confirmation of the Commission on Appointments:
1. Heads of executive departments (Secretaries);
2. Ambassadors, other public ministers or consuls;
3. Officers of the armed forces from colonel or naval captain
4. Other officers whose appointments are vested in the
Presidents like the heads of the Constitutional Commissions
(the CSC, the COA, and the COMELEC); and
5. Other officers whose appointments are not otherwise provided
by law, and those whose appointments are vested by law upon
the President
Ordinance Power
 The ordinance power of the President includes the issuance of
executive orders, administrative orders, proclamations, memorandum
orders, memorandum circulars, and general or special orders.
 The ordinance power is used to issue rules governing the operations of
government, orders directing the performance of certain acts, and
proclamations like the fixing of special holidays or declaring something
of public interest.
 Ordinance power also includes the issuance of general or special orders
by the President as commander-in-chief of the armed forces
 Ordinance power can play a crucial role in politics.
At present, Chapter 2, Title I, Book III, Revised Administrative
Code, Executive Order No. 292 deals with the ordinance power
of the President:
 Section 2. Executive Orders – Acts of the President providing for rules
of a general or permanent character in implementation
 Section 3. Administrative Orders – Acts of the President which relate
to particular aspect of governmental operations in pursuance of his
duties as administrative head shall be promulgated in administrative
orders.
 Section 4. Proclamations – Acts of the President fixing a date or
declaring a status or condition of public moment or interest, upon the
existence of which the operation of a specific law or regulation is made
to depend, shall be promulgated in proclamations which shall have the
force of an executive order.
 Section 5. Memorandum Orders - Acts of the President on matters of
administrative detail or of subordinate or temporary interest which only
concern a particular officer or office of the Government shall be
embodied in memorandum orders.
 Section 6. Memorandum Circulars – Acts of the President on matters
relating to internal administration, which the President desires to bring
to the attention of all or some of the departments, agencies, bureaus or
offices of the Government, for information or compliance, shall be
embodied in memorandum circulars.
 Section 7. General or Special Orders – Acts and commands of the
President in his capacity as Commander-in-Chief of the Armed Forces
of the Philippines shall be issued as general or special orders.
 Military Power

• To protect the sovereignty and territorial

integrity of the country.
Pardoning Power
• Is defined as an act of benevolence, proceeding from the power entrusted
with the execution of the laws which exempts the individual on whom it is
granted, from the punishment the law inflicts for a crime he has committed.
Borrowing Power
• As head of state, the President can borrow money from foreign sources and
can guarantee the payment of foreign loans.
• The powering power should always be exercised responsibly.
Budgetary Power
• As the head of government, the President has the authority to propose the
annual budget to the Congress
• Ideally, such annual budget is enacted into law before the calendar year
ends.
Diplomatic Power
• The President wields diplomatic power and can enter into treaties and other
international agreements with heads of other states.
Informing Power
• The President is required to speak before the Congress sitting in a joint
session at the opening of its regular session, and may also appear before it
at other times.
• The obligatory speaking engagement of the President before the Congress
is called the State of the Nation Address (SONA)
 Power Over Aliens
• Power to Deport – The President shall have the power to deport aliens subject to the
requirements of due process.
• Power to Change Non-Immigrant Status of Aliens – The President, subject to the
provisions of law, shall have the power to change the status of non-immigrants by
allowing them to acquire permanent status without necessity visa.
• Power to Countermand Decisions of the Board of Commissioners of the Bureau of
Immigration – The decision of the Board of Commissioners which has jurisdiction
over all deportation cases shall become final and executory after 30 days from
promulgation.
• Power over aliens under the General Principles of International Law –
The President shall exercise with respect to aliens in the Philippines such powers as are
recognized by the generally accepted principles of international law
Analysis and Critique of
the Exercise of
Presidential Power
 Manuel A. Roxas

• Was the first President of the Third Philippine Republic which was ushered in by
the Recognition of Philippine independence by the US on July 4,1946
• He faced difficulty in rebuilding the country from the ruins of World War II.
• He established the Rehabilitation Finance Corporation to revive the economy
 Elpidio R. Quirino

• He thought that there was no sense in having political independence without

economic stability.
• Economic Mobilization Program was also crafted with the intention of
industrializing the Philippines.
• His other achievements included the establishment of the central bank of the
Magna Carta of Labor and Minimum Wage Law
 Ramon Magsaysay

• Was the first defence secretary to ever become president.

• The leader who promoted nationalism.
• The Philippines became an active member of the Southeast Asian Nations
Treaty Organizations.
• He tried to develop the rural areas creating agencies.
 Carlos P. Garcia
• Succeeded Magsaysay and completed the latters and finished term.
• He was known for his “Filipino first” policy where Filipinos were given
priorities in business.
• He protected human rights and was not vindictive to his political
opponents.
 Diosdado T. Macapagal
• was elected as president after Garcia.
• He devised a “new era” program which was five year socio-economic plan
supported by the administration to help cottage industries.
• He promoted the miracle rice and try to implement a land reform program.
 Ferdinand Marcos
• Took over as president in 1965 with the rallying cry “this nation can be
great again”
• He sought to implement a national development program, but he was
confronted with an almost empty national treasury and budget shortages.
• He secured foreign loans and enforced effective tax collections
 Corazon C. Aquino

• Proclaimed a Freedom Constitution on March 25, 1986

• She achieved a restoration of the democratic processes, paving the way for the
emergence of new political parties.
• She successfully privatized several government-owned or controlled corporations
and assets.