Philippine Politics and

Governance

LESSON 7:
The Executive
Department
 The Executive Department

This Lesson is a survey of an executive branch

of the Government of the Philippines; its structures
and processes and then consider the people of the
executive branch, from the president to department
secretaries, how they are elected or appointed. It will
also focusses on the componenys of the constitution
pertaining to the presidential power and the
important role that the executive branch plays in our
government.
At the end of the lesson the students are able to:
a.Explain the roles and powers of the Philippine
president.
b. Analyze how contemporary Philippine presidents
exercised their powers.
c. Analyze the Philippine presidents' exercise of
power.
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 re-election. 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 Vice
President
 SECTION 8
In the 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.
 SECTION 8
In the case of death, permanent disability, removal from
office, or resignation of both the President and Vice-
President, the President of the Senate or, in the 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 pro- vided 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 finan- cially interested
in any contract with the Government
 SECTION 13
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 POWER OF
THE PRESIDENT
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.
 SPECIFIC POWER OF
THE PRESIDENT

Section 16
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
The President shall have control of all the
executive departments, bureaus, and
offices. He shall ensure that the laws be
faithfully executed.
 SECTION 17
Control Power - President may alter or
modify or set aside actions of subordinate
officers. He also has the authority to
supervise, investigate, suspend or remove
erring officers.
.
 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 and public safety
requires the proclamation or suspension;

The duration shall not exceed 60 days unless extended by

the Congress;

The President must submit a report to Congress (in person

or in writing) within 48 hours after the declaration or
suspension;
 Restrictions on the President's power to
declare Martial Law.
The declaration may be revoked by majority vote of the all
the members of the Congress voting jointly;

The Supreme Court may inquire into the sufficiency of the

factual basis of the proclamation.
 SECTION 19
The President may grant
 REPRIVES
 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 - is the postponement of the
execution of a d.eath sentence

Commutation - is reduction of the

sentence imposed for a lesser
punishment.

Pardon - is an act grace which exempts

the individual from the punishment the
law inflicts for a crime he has
committed.
Remission- is a condonation of the
financial obligation and the return of
properties confiscated by reason of the
commission of the offense and conviction
of the of- fender

Amnesty- it an act of a sovereign power

granting a general pardon for a past
offense usually granted in favor of a
certain class of persons which have
committed crimes of a political character.
When one is granted amnesty, it is like he
has not committed any offense.
 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 of Bangko
Sentral ng Pilipinas, and subject to such limitations as
may be provided by law.
 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.
 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.
 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.