THE BRANCHES OF

PHILIPPINE
GOVERNMENT
Legislative Executive Judiciary
 Principles of Separation of
Powers
Each government branch is not
permitted to encroach upon the
powers confided to others. The
arbitrary rule will result if the same
body is to exercise all the powers of
the government.
 Principles of Checks and
Balances
Authorizing a considerable amount of
encroachment or checking by one branch in the
affairs of others. Each branch is given certain
powers with which to check others
President may disapprove bills enacted by
Congress.
Congress may reject appointments by the Pres.
Judiciary may declare unconstitutional laws
passed by the Congress.
 Executive Order No. 464
Implementing the Constitutional Provisions
on the separation of powers between co-
equal branches of the government, all
heads of departments of the Executive
Branch of the Government shall secure
the consent of the President before
appearing before either House of
Congress.
 Supreme Court Ruling on
Order No. 464
Congress has a right to information from
the executive branch whenever it is
sought in aid of legislation. However if the
executive branch withholds such
information on the ground that is
privileged, it must so assert it and state
the reason therefore and why it must be
respected.
ARTICLE VII

Executive
Department
SECTION 1.

The executive power shall be vested

in the President of the Philippines.
 EXECUTIVE POWER

- power to administer laws, carry

them into practical operation and
enforce their due observance.
SECTION 2.

No person may be elected President

unless he is a natural-born citizen
of the Philippines, a registered
voter, able to read and write, at
least forty years of age on the day
of the election, and a resident of
the Philippines for at least ten
years immediately preceding such
election.
SECTION 3.

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.
SECTION 4.

The President and the VP shall be

elected… for a term of six years…
The President shall not be eligible for
any reelection. No person who has
succeeded as President and has
served as such for more than four
years shall be qualified for election to
the same office at any time.
No Vice-President shall serve for
more than two consecutive terms.

The Supreme Court… shall be the sole

judge of all contests relating to the
election… of the President and VP…
TERM of OFFICE TENURE of OFFICE

- refers to the - period during which

period during the incumbent
which an officer actually holds the
may claim to hold office.
the office as a
matter of right.
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.
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…
SECTION 10.

The Congress shall… after the vacancy

in the offices of the President and
VP occurs, convene…and enact a law
calling for a special election to elect
a President and VP.
SECTION 13.

The President, the VP, the Members of

the Cabinet… shall not, unless
otherwise provided in the
Constitution, hold any other office or
employment during their tenure.
They shall not … practice any other
profession, participate in any
business or be financially interested
in any contract with the Government.
The spouse and relatives by
consanguinity or affinity within the
fourth civil degree of the President
shall not during his tenure be
appointed as members of
Constitutional Commissions or the
Office of the Ombudsman, as
Secretaries or heads of bureaus or
offices…
Specific Powers
of the
President

Article VII
Sec. 16 - 23
 Appointing Power
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.
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.
 Control Power

SECTION 17.

The President shall have control of

all the executive departments,
bureaus and offices. He shall
ensure that the laws be faithfully
executed.
CONTROL POWER

– 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.
 Military Power
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 out such
armed forces to prevent or suppress
lawless violence, invasion or rebellion….
he may, suspend the privilege of the
writ of habeas corpus or place the
Philippines or any part thereof under
martial law.
Restrictions on the President’s power
to declare Martial Law.
 There must be an invasion or rebellion
 The duration shall not exceed 60 days
 The President must submit a report to
Congress within 48 hours after the
declaration
 The declaration may be revoked by
Congress
 The Supreme Court may inquire into the
sufficiency of the factual basis of the
proclamation
 Pardoning Power

SECTION 19.

… the President may grant reprieves,

commutations and pardons …
He shall also have the power to grant
amnesty with the concurrence of a
majority of all the Members of the
Congress.
REPRIEVE – postponement of the execution of a
death sentence.
COMMUTATION – reduction of the sentence
imposed to a lesser punishment.
PARDON – exempts from the punishment the
law inflicts for a crime he has committed.
REMISSION – a condonation of the financial
obligation and the return of properties
confiscated by reason of the commission of
the offense and conviction of the offender.
AMNESTY – abolishes the offense of which one
is charged.
 Borrowing Power
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 may be provided by law.
 Diplomatic Power

SECTION 21.

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.
 Budgetary Power
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.
 Informing Power
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.
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.