THE EXECUTIVE AND EXECUTIVE PROCESS

Executive Power
1. Meaning. Executive power includes, first, the power to implement and administer the law, and,
second, other powers necessary to carry out the same. Section 1, Article VII provides that “the
executive power shall be vested in the President of the Philippines,” so that his primary role is to
ensure that the laws are faithfully executed. That executive power is given to the President alone
makes him the most potent official in the government. But while much is given to him, much is also
expected. The limits of his awesome powers are structurally provided in the Constitution to prevent
irresponsible and despotic exercise thereof.
2. Doctrine of Qualified Political Agency. While executive power is given only to the President, the
President can appoint “Members of his Cabinet” whom the law considers as his “alter egos”
(extensions of himself). Under the doctrine of qualified political agency, the acts of the Members of
the Cabinet are deemed to be the acts of the President unless reprobated or altered by him. The
Cabinet Members are political agents of the President who help him discharge his powers and duties
which alone he cannot efficiently perform. They are the heads of the departments who serve as
presidential advisers. Just as the President has the power of control over them, he also has the power
to remove them, him being still the chief of administration.

Presidential Privileges
1. Meaning. Presidential privilege refers to an immunity or privilege granted to the President
intended for the effective performance of his executive functions and duties.
2. Kinds. The President is granted the privilege of immunity from suit and executive privilege.
(a) Immunity from suit means that the President cannot be sued, if he invokes such privilege, for any
civil or criminal action during his tenure. In one case, the Court said that “the rationale for the grant
of the privilege of immunity from suit is to assure the exercise of the Presidential duties and
functions free from any hindrance or distraction, considering that being the Chief Executive of the
Government is a job that, aside from requiring all of the office-holder’s time, also demands
undivided attention.” After his tenure, however, the President can no longer invoke immunity for
non-official acts.
(b) Executive privilege refers to the power of the President to withhold confidential information from
the other branches of the Government and the public. Among these types of information covered by
the privilege are: (i) conversations and correspondence between the President and the public officials
(covered by E.O. 464); (ii) military, diplomatic, and other national security matters which in the
interest of national security should not be divulged; (iii) information between inter-government
agencies prior to the conclusion of treaties and executive agreements; (iv) discussion in close-door
Cabinet meetings; and (v) matters affecting national security and public order. These types of
information are closed or withheld from the other branches and the public because they are crucial
for the exercise of executive functions and to prevent the potential harm resulting from the
disclosure of the same. Thus, the President and the Cabinet Members, for instance, can invoke
executive privilege even in the Congress during legislative investigations.
Qualifications, Manner of Election, and Term
1. The President. The Constitution provides the qualifications, manner of election, and term of the
President as follows:
(a) Qualifications. Section 2, Article VII of the Constitution provides the qualifications of a President,
to wit: (i) he must be a natural-born citizen of the Philippines; (ii) a registered voter; (iii) able to read
and write; (iv) at least forty years of age on the day of the election; and (v) a resident of the
Philippines for at least ten years immediately preceding such election.
(b) Manner of Election. He is elected at large by the direct vote of all qualified citizens.
(c) Term. His term is six years, for which he cannot seek for reelection. He may be removed from
office through “impeachment.”
2. The Vice-President. Section 3, Article VII states that the Vice-President has “the same
qualifications and term of office as the President,” for the reason that his primary role is to succeed
the President in case of vacancy due to the latter’s death, permanent disability, or resignation. He
may also be removed from office in the same manner as the President. However, the Vice-President
may serve for two consecutive terms.
3. When Qualifications must be Present. It must be noted that the qualifications must be present on
the day of the election and not on the day of filing the Certificate of Candidacy or the day of
proclamation of the President-elect. Thus, one can still run for President even if he is still thirty nine
years old on the day of filling the certificate of candidacy, for as long as he is forty years old on the
day of the election. Worthy of note also is the Constitutional limitation on the term of the President,
that is, he cannot seek for reelection. The manifest purpose of this is to prevent despotism and to
protect the highest public official from being consumed by the overwhelming powers of Presidency.

Presidential Succession
1. Two Rules on Presidential Succession. Section 7 and Section 8, Article VII prescribe the rules for
presidential succession or the manner of filling a vacancy in the presidency. Section 7 talks of
succession when vacancy happens at the start of the term of the President-elect, while Section 8 talks
of succession when vacancy happens at the mid part of the term of the incumbent President. These
rules are important because they provide immediate remedy for filling the vacancy in the highest and
most crucial seat of the land.
2. Succession at the Start of the Term. Under Section 7, Article VII, the rule is:
(a) The Vice-President becomes the Acting President in the event that the President-elect fails to
qualify, or when no President was chosen;
(b) The Vice-President becomes the President in the event that the President-elect dies or becomes
permanently disabled; and
(c) The Senate President or, in case of his inability, the House Speaker, becomes the Acting President
on the event that no President and Vice-President are chosen or qualified, or where both died or
become permanently disabled.
In the first case, the Vice-President acts as President until a President-elect is qualified and chosen.
In the second case, the Vice-President does not only act as President but becomes the President. And
in the third case, the Senate President or, in his inability, the House Speaker acts as President until a
President or a Vice-President are chosen and qualified.
3. No Presidential Hold-Over. Note well that the former President, whose term already expired, has
no right of “hold-over.” So as not to repeat the dictatorship of the past, the Constitution is strict with
the six-year term limit. No extensions are allowed, not even in a hold-over capacity. Thus, if no
President assumes office after the election, the former President is not allowed to continue
discharging the functions of the presidency.
4. Succession at the Mid-Part of the Term. Under Section 8, Article VII, the rule is:
(a) the Vice-President becomes the President for the unexpired term in case of the latter’s death,
permanent disability, removal from office, or resignation; and
(b) if the same happens to both the President and the Vice-President, then the Senate President or, in
case of his inability, the House Speaker, will act as President until the President or Vice-President
will be elected and qualified.
5. Vacancy in the Office of the Vice-President. If the Office of the Vice-President is vacant as a
consequence of presidential succession, the President shall nominate a Vice-President from among
the Members of Congress who shall assume office upon confirmation of the Members of Congress.
For example, when former President Joseph Estrada was ousted from Malacanang through People
Power, he was succeeded by then Vice- President Gloria Arroyo. As a matter of course, the Office of
the Vice-President became vacant. Thus, the new President, Gloria Arroyo, nominated then Senator
Teofisto Ginggona for Vice-President whose nomination was confirmed by the Members of Congress.
Note that President Arroyo could have nominated any Member of the Congress, that is, either a
Senator or a Member of the House of Representatives for Vice-Presidency.
6. Temporary Disability of the President. And lastly, Presidential succession also happens when the
President is “temporarily disabled.” The temporary disability of the President, of which the public
must be informed, is determined by:
(a) the President himself through a written declaration transmitted to the Senate President and
House Speaker, in which case the Vice-President becomes the Acting President;
(b) majority of Cabinet Members through a written declaration transmitted to the two officials, in
which case the Vice-President becomes the Acting President; and
(c) 2/3 vote of both Houses of Congress, voting separately, in case there is a dispute between the
President and the Cabinet Members, in which case the Vice-President also becomes the Acting
President.
Presidential incapacity is said to be terminated when the President or his Cabinet Members transmit
to the Congress that the inability no longer exists, or in case the temporary disability was declared by
the Congress, when both Houses by 2/3 vote, each voting separately, declare the termination of
presidential incapacity.
Inhibitions and Disqualifications

The Constitution provides many inhibitions and disqualifications on the President, Vice-President,
Cabinet Members, and their deputies and assistants. The subjects of the inhibitions and
disqualifications are: (1) increase in their salaries and emoluments; (2) the holding of other offices;
(3) appointment of relatives; and (4) midnight appointment.
1. Inhibition on Salary. The Congress fixes by law the salaries of the President and Vice-President.
The salaries cannot be decreased during their tenure, but the same can be increased. The increase
takes effect only after the expiration of the term of the President and Vice-President during whose
term the increase was approved.
2. Disqualification on Holding Other Offices. They cannot also receive during their tenure any other
compensation or allowances from the Government or any other source. The reason for this is that
they cannot hold any other office or employment, unless otherwise provided in the Constitution.
Their office, being very important and crucial in the government, demands their full time and
attention. The disqualification also prevents them from extending special favors to their own private
business which comes under their official jurisdiction, and assures the public that they will be
faithful and dedicated in the performance of their functions. Public office is public trust, so that it
cannot be used for personal benefit and familial advantage. Thus, they shall strictly avoid conflict of
interest in the conduct of their office.
It should be noted that the Vice-President can be appointed as Member of the Cabinet and his
appointment need not go through the Commission on Appointments. This is an exception to the
above prohibition, of which its purpose is to give due reverence to the second highest office of the
land and more importantly to give him a function other than being a mere President Reserve.
3. Prohibition against Appointment of Relatives. Nepotism is prohibited by the Constitution.
Nepotism happens when the President, during his tenure, appoints his spouse and relatives by
consanguinity or affinity within the fourth civil degree as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including government-owned or controlled corporations and their
subsidiaries. Public office is not a property, nor can it be shared and passed as a matter of right to
family members. The Philippines is not the kingdom of the President; his office is only entrusted to
him by the people who are the sovereign rulers of the country and to whom he must serve with
utmost responsibility, integrity, loyalty, and efficiency.
4. Prohibition against Midnight Appointments. Midnight appointments are also prohibited by the
Constitution. Midnight appointment refers to presidential appointment after election but before
assumption to office of the next President. Section 15, Article VII provides that “two months
immediately before the next presidential elections and up to the end of his term, a President or
Acting President shall not make appointments.” This is essentially a limitation to the appointing
power of the President. The purpose of the prohibition is to avoid using the Presidency for partisan
considerations and for vote buying. It is also rude and unstatesman-like for an outgoing President to
appoint within the said period so as to prevent the incoming President to exercise his prerogative of
selecting his own set of officers.

Powers of the President

The President of the Philippines has specific powers provided in the Constitution, to wit: (1)
appointing power; (2) power of control and supervision; (3) military power; (4) pardoning power; (5)
diplomatic power; (6) residual power; (7) delegated power; and (8) veto power.
1. Power of Appointment.
(a) Meaning. Appointment is one mode of putting a person in office in which an appointing authority
selects a person to discharge the functions of an appointive office. The power is exercised by the
President, although legislative and judicial officials can also appoint their respective personnel.
(b) Types of Appointment. There are four types of presidential appointments:
(i) Appointment by an Acting President ;
(ii) Temporary appointment ;
(iii) Regular appointment ; and
(iv) Ad interim appointment.
(c) Appointments Distinguished from Each Other. Appointment by an Acting President may be
revoked by the elected President within ninety days from his assumption or reassumption of office. If
it were not revoked, the appointment remains effective, as if it were the President-elect who made
the appointment. Temporary appointment is appointment made prior a presidential election that is
subject to a possible cancellation or revocation of the President-elect. As an exception to midnight
appointments, temporary appointments may be extended by an outgoing President to executive
positions when continued vacancies therein will prejudice public service or endanger public safety.
Regular appointment is presidential appointment made with or without the consent of the
Commission on Appointments. And Ad interim appointment is appointment made during the recess
of the Congress, whether voluntary or compulsory, which is effective until disapproved by the
Commission on Appointments or until the next adjournment of the Congress.
(d) Ad Interim Appointment vs. Regular Appointment. Ad interim appointment is different from
regular appointment, in that the purpose of the former is to prevent hiatus or lull in government
offices, while that of the latter is to simply fill an office in the ordinary course of business; an ad
interim appointee immediately assumes office, while a regular appointee does not, since
confirmation by the Commission on Appointments is still required. Moreover, an ad interim
appointment is different from temporary appointment. Although the former is subject to the
revocation of the Congress (through the Commission on Appointments), it is not temporary because
it takes effect immediately and cannot be revoked or withdrawn by the President if the ad interim
appointee is qualified. In fact, ad interim appointment is permanent and its subsequent disapproval
does not change its nature. Lastly, an ad interim appointment is different from appointment in
acting capacity, in that the former requires confirmation of the Commission on Appointments, while
the latter does not; the former is permanent, while the latter is temporary; and the former is made
during recess, while the latter in made either during recess or not.
(e) Appointments Requiring Confirmation. Section 16, Article VII provides an exclusive list of
Presidential appointees whose appointments require the confirmation of the Commission on
Appointments. These officials are: (1) the department secretaries, ambassadors, other public
ministers and consuls; (2) officers of the armed forces from the rank of colonel or naval captain; (3)
other officers whose appointments are vested in him in the Constitution; (4) 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; and (5) the heads of departments, agencies, commissions, boards,
those lower in rank in the President. Members of the Constitutional Commissions and regular
members of the Judicial and Bar Council are officers whose appointments are vested in him in the
Constitution. The list is exclusive, thus, other appointments by the President do not require consent
of the Commission on Appointments.
The appointees are subject to the control of the President in line with the doctrine of the qualified
political agency. The President has the power to change and set-aside their acts.
2. Power of Control and Supervision.
(a) Control. The President has control over all executive departments, bureaus, and offices; as chief
administrator, he has the primary duty to ensure that the laws are faithfully executed. Power of
control refers to the power of the President, being the Chief Executive, to alter, modify or set aside
the acts of his subordinates and substitute his judgment for that of the latter. His subordinates
include the Cabinet Members or heads of the executive departments, heads of bureaus and offices,
and their subordinates and assistants. The Cabinet Members are alter egos of the President as
enunciated in the doctrine of qualified political agency; thus, the President has the power to alter or
set aside their acts. Moreover, the power of control is connected to the appointing power of the
President. Just as he can put people to appointive positions, he can also investigate, discipline,
suspend, and remove them when they become inefficient or corrupt.
(b) Supervision. The power of control includes the power of supervision. The power of supervision
refers to the authority to oversee a subordinate officer and to see to it that he performs his functions
and duties in accordance with law. It generally includes the power to investigate. It must be noted
that the power of control is broader than the power of supervision, since the former includes the
latter. The President has power of supervision over local government units, in which he can
investigate and see to it that they perform their duties in accordance to established laws. He does
not, however, have power of control over them, so that he cannot change their acts or substitute his
judgment for their judgment.
3. Military Powers.
The President is granted military powers, the primary purpose of which is to maintain civilian
supremacy over the military. The power includes: (a) calling-out power; (b) power to suspend the
privilege of the writ of habeas corpus; and (c) power to declare martial law.
(a) President as Commander-in-Chief. Section 18, Article VII states that the President is the
Commander-in-Chief of the 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. As the
highest civilian officer, the President is also the highest military authority. This is so because civilian
authority should, at all times, be supreme over the military in the democratic, republican
Philippines. The military is the single most power institution equipped by law to use violence and
force. Thus, to prevent military takeover, the fundamental law makes a civilian the commander-in-
chief of the military. Although the President lacks military training, the ideals of democracy dictate
that he should possess the tremendous power of controlling and directing the military even in times
of war. While he may delegate to, and ask advice from, military men, the ultimate authority to direct
and call out the armed forces is with him. Not even the courts can question him in exercise of this
prerogative of calling the armed forces to prevent or suppress lawless violence, invasion or rebellion.
(b) Suspension of the Privilege of Habeas Corpus. Section 18, Article VII also expressly gives the
President the power to suspend the privilege of the writ of habeas corpus. The writ of habeas corpus
is a written order issued by the court directing a person detaining another to produce (habeas) the
body (corpus) of the latter and to explain before the court his authority for detaining the latter.
Habeas corpus is a special proceeding which provides speedy remedy for the immediate release of an
unlawfully detained person. Thus, a person who was arrested and detained without a valid warrant
may file a petition for habeas corpus for his immediate release, after the judge determines that there
is no valid ground for his detention. Under Section 18, this “privilege” of habeas corpus may be
suspended by the President in case of invasion or rebellion, and when public safety requires it. The
rationale for such power is to allow the President to expediently reestablish peace and order by
detaining apparent offenders without the hindrance or threat of their immediate release. Note,
however, that what is suspended is the “privilege,” not the right to file the petition for habeas corpus.
Thus, even when the President suspends the privilege, persons unlawfully detained may still file a
petition for habeas corpus. Only the privilege of immediate release is suspended.
(c) Martial Law. The power to declare martial law is likewise expressly granted in Section 18. Martial
law, within the Constitutional context, means temporary military rule especially declared not to
replace civilian authority but to help it recover in case of invasion or rebellion, and when public
safety requires it. Martial law, unlike a military takeover, does not suspend the operation of the
Constitution and guarantee for respect of human rights. It is not permanent; it is declared only for a
limited duration, that is, for not more than sixty days. In addition, the President must also report in
writing to the Congress within forty eight hours from proclamation, and the Congress may conduct
special sessions even without the call of the President. As far as the courts are concerned, the military
courts do not acquire jurisdiction over cases involving civilians if civil courts are still able to function.
These constitutional limitations are intended to uphold democracy and civilian supremacy in the
Philippines, as well as to prevent the rise of an abusive military regime that does not respect due
process and takes for granted the liberties of the sovereign people.
(d) Comparison of the Military Powers. To compare the military powers of the President, it must be
noted that the power to declare martial law and the power to suspend the privilege of the writ of
habeas corpus are the greater powers since it curtails the freedoms and civil liberties of the citizens.
The calling out power is said to be lesser or benign power, in that it has no such effect. Thus, the
Constitution limits the former powers by making them susceptible to review by the courts, whereas
the calling out power is exercised by the President with full discretion and wisdom as the
commander-in-chief of armed forces, not subject to judicial review.
4. Pardoning Power.
The pardoning power of the President refers to the exercise of executive clemency. It includes: (a)
pardon; (b) commutation; (c) reprieve; (d) amnesty; and (e) parole.
(a) Pardon is an act of grace which exempts an individual from serving his sentence or punishment
which the law inflicts for the crime he committed. It forgives the offender by not letting him pay for
the crime he committed. For pardon to be given, a person must first be declared guilty of a crime by
final judgment of the court, and the President thereafter extends pardon. Instead of making him
serve his sentence, the President exempts him through his personal act of grace. What the convict is
exempted from is criminal liability not civil liability.
There are two kinds of pardon: absolute and conditional. Absolute pardon is one that absolves the
convict from criminal liability without any conditions whatsoever, while condition pardon absolves
the convict from criminal liability under the penalty of recommitment to prison in case any condition
provided is violated.
It must be remembered, however, that pardon cannot be granted in cases of impeachment; or in
violations of election laws without favorable recommendation of the COMELEC; or in cases of
legislative contempt or civil contempt; or can it restore forfeited public offices.
(b) Commutation refers to reduction or mitigation of the penalty. For example, instead of serving ten
years of imprisonment, reduction has the effect of reducing the penalty to five years, for instance, at
the discretion of the President.
(c) Reprieve refers to the postponement of sentence or stay of execution. This was applicable when
death penalty was still effective. For instance, the execution of a death convict may be postponed by
the President to another date if he extends reprieve.
(d) Parole is probational release from imprisonment. It is given to a convict who has served the
minimum sentence of his penalty and has acted in good behavior inside the penal institution. Parole
does not fully restore the freedom of the parolee since he is still in the custody of the law although
not in confinement.
(e) Amnesty is an act of grace by the President extended to groups of persons who committed
political offenses. It requires the concurrence of the legislature and puts into oblivion the offense
itself. It is distinguished from pardon, in that: the former forgives political offenses (such as treason
and rebellion) deemed expedient for the public welfare than prosecution of the same, while the latter
forgives crimes against the peace of the state (such as homicide and murder); the former is usually
given to groups of offenders, whereas the latter is given to an individual; the former requires
concurrence of the Congress, while the latter does not; the former is a public act which the courts
takes judicial notice, whereas the latter is a private act of the President which must be pleaded by the
person pardoned for the court to take judicial notice; and the former looks backward and abolishes
the criminal and civil liability of the offenders, while the latter looks forward and relieves only the
criminal liability of the offender.
5. Diplomatic Powers.
The President has diplomatic powers because, as the head of the State, he is the spokesman of the
nation on matters of external affairs. “He may deal with foreign states and governments, extend or
withhold recognition, maintain diplomatic relations, enters into treaties, and otherwise transact with
the business of foreign relations,” The Constitution, however, limits this power of the President, as it
expressly states “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.” Thus, if the President, for instance, enters
into an international agreement with the United States of America for the establishment of civilian
rights mutually benefiting the citizens of both countries, then on the part of the Philippines, least
two-thirds of all the Members of the Senate must concur with the said international agreement.
6. Residual Powers.
The President, as the head of the State, is given residual powers. Under the presidential system, the
President is not a mere symbolic head; he is the chief executive granted with powers, so broad to
include even those not mentioned in the Constitution. “The powers of the President are not limited
to what are expressly enumerated in the article on Executive Department and in scattered provisions
of the Constitution.” He has unstated powers called “residual powers” which are implied from the
grant of executive powers and necessary for the exercise of his duties under the Constitution. It is
called “residual” because it is whatever power which the legislature or the judiciary does not possess
and which the President could, thus, legitimately exercise consistent with his functions. This is not to
foster another dictatorship or an unbridled exercise of power as was experienced during the Marcos
administration; nor is it a violation of the Constitutional intent to limit the specific powers of the
President to avoid another abusive regime (since appropriate measures are already provided in the
new Constitution). The grant of residual powers, rather, is just in recognition of the general grant of
executive power to the President.
7. Delegated Powers.
As previously discussed, the Congress can delegate legislative powers to the President, among which
are emergency powers (Section 23(2), Article VI) and tariff powers (Section 28(2), Article VI).
8. Veto Power.
The President exercises veto power in relation to his role of checking the power of the Congress. If he
thinks that a bill enacted by Congress should be disapproved, he exercises his veto power and returns
the same with his objections to the House of origin. As a general rule, the veto must pertain to the
entire bill, so that he is not allowed to veto separate items of the bill. The exception, however, is “item
veto” allowed in case of appropriation, revenue and tariff bill. The Constitution expressly provides
that “President shall have the power to veto any particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.”