ARTICLE 7.

EXECUTIVE
BRANCH

The Executive
Branch

Charged with the execution and

administration of a countrys laws
In general, the executive branch sets
the direction of national policy

EXECUTIVE POWER
It is the power to enforce and
administer the laws (Cooley, Constitutional
Limitation, 8th ed., p. 183)

The executive power is vested in the

President of the Philippines (Art. VII, Sec.
1)

Qualifications

Natural Born Citizen

A Registered Voter
Able to Read and Write
Atleast 40 years of age on the
day of election
Resident of the Philippines for
atleast ten years immediately
preceding the election.

Term of
The Office
President and Vice-

President shall be
elected by the people
for six (6) years. (Art.
VII, Sec 4(1)
Shall not be eligible for
any re-election
No Person who has
succeded as President
xxx for more than 4
years shall be qualified
xxx (Art. VII, Sec 4)

Election
1.)Regular Second
Monday of May, every six
years
2.)Speciala.) Death, Disability,
Removal from office or
Resignation
b.) Vacancies occur more
than eighteen months
before next election
c.) A law passed by
congress

I, do solemnly swear that I will

faithfully and conscientiously fulfill
my duties as President of the
Philippines, preserve and defend its
Constitution, execute its laws, do
justice to every man, and consecrate
myself to the service of the Nation.
So help me God.

Salaries
President
Shall receive an annual salary of three
hundred thousand pesos (Php 300,000).
Vice President
Two hundred forty thousand pesos.

Vice-President
Qualifications are same with
the President.
Eligible for the position of
member of the Cabinet(no
need for CA confirmation)
Allowed to serve for two
successive terms.

SEAL OF THE VICE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES

Presidential
Succession(Sec 7-8)
2 sets of rule:
a.) Occuring before
the term
b.) Occuring midterm

THE EXECUTIVE DEPARTMENT

RULES ON SUCCESSION
Vacancy at the beginning of the
term:
Death or permanent disability
of the President-elect
VP-elect shall become
President
President-elect fails to qualify
VP-elect shall ACT as

THE EXECUTIVE DEPARTMENT

No President and VP chosen or qualified, or both have died or become
permanently disabled:
SENATE PRESIDENT in an acting capacity
In case of inability
SPEAKER OF THE HOUSE in an acting capacity
Until a president or a VP shall have been chosen and
qualified.
IN THE EVENT OF INABILITY OF BOTH, who shall ACT as President?

CONGRESS SHALL BY LAW PROVIDE FOR THE MANNER

IN WHICH ONE WHO IS TO ACT AS PRESIDENT SHALL BE
SELECTED UNTIL A PRESIDENT OR A VP SHALL HAVE
QUALIFIED.

THE EXECUTIVE DEPARTMENT

VACANCY DURING THE TERM
Death, permanent disability, removal from office, or resignation
of the President
VP SHALL become President

THE EXECUTIVE DEPARTMENT

Death, permanent disability, removal from office, or resignation of President

AND Vice president:
Senate President acting capacity
IN CASE OF INABILITY
Speaker of the House acting capacity
Until a President or VP shall be elected and qualified.
Congress, by law, shall provide for the manner which one is to act as
President in the event of inability of the officials mentioned above.

THE EXECUTIVE DEPARTMENT

TEMPORARY DISABILITY
When the President TRANSMITS to the SP and the SH
Written Declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to
them a written declaration to the contrary: such powers and
duties shall be discharged by the VP as ACTING President.
Majority of ALL the Members of the CABINET TRANSMIT to the
SP and SH:
Written Declaration that the P is unable to discharge the
powers and duties of his office
VP IMMEDIATELY assumes the powers and duties of the
Office as ACTING PRESIDENT
President transmits Written Declaration that NO inability exists,
Reassume the powers of the office of the President

THE EXECUTIVE DEPARTMENT

Should a majority of the CABINET MEMBERS transmit within 5

days to the SP and SH
Written declaration that the P is unable to discharge the powers
and duties of his office, CONGRESS SHALL DECIDE THE ISSUE.
Congress shall convene, if not in session, within 48 hours.
Within 10 days from receipt of last written declaration or, if not in
session, within 12 days after it is required to assemble, Congress
determines by a vote of 2/3 vote of both Houses voting Separately,
that the president is unable to discharge the powers and duties of
his office, the VP shall act as President, otherwise, the President
shall continue exercising the powers and duties of his office.

THE EXECUTIVE DEPARTMENT

Constitutional Duty of Congress in case of vacancy in the
offices of the President and the VP:
At 10AM of the 3rd day after the vacancy occurs, Congress
shall convene w/o the need of a call, and within 7 days, enact a
law calling for a special election to elect a President and VP to
be held not earlier than 45 nor later than 60 daysfrom the time
of such call.
NO SPECIAL ELECTION SHALL BE CALLED IF THE VACANCY
OCCURS WITHIN 18 MONTHS BEFORE THE DATE OF THE
NEXT PRESIDENTIAL ELECTION.
Removal of the President: Impeachment. Sec. 2&3, Art. XI

Prohibitions and Inhibitions

1. No increase in salaries during the term.
2. Shall not receive emoluments
3. Shall not hold any other office.
4. Shall not, directly or indirectly, practice any
other profession, business, or be financially
interested in any other contract with
franchises of the government.
5. Avoid conflict of interest in the conduct of
their office
6. May not appoint spouse or relatives by
consanguinity or affinity within 4th civil degree
(ART. VII, SECTIONS 6, 13)

POWERS OF THE
PRESIDENT
1.) Executive Power
2.) Power of
Appointment
3.) Power of Removal
4.) Power of Control
5.) Military Powers
6.) Pardoning Power

7.) Borrowing Power

8.) Diplomatic Power
9.) Budgetary Power
10.)Informing Power
11.)Residual Power
Other Powers

1. Executive Power
President shall have the control of all
executive departments, bureaus, and
offices. He shall ensure that laws are
faithfull executed (Art. VII, Sec.17)
Until and unless a law is declared
unconstitutional, the President has a
duty to execute it regardless of his
doubts as to its validity(Faithful
Execution Clause) (Cruz, Phil. Political Law)

2. Power of Appointment
Selection by the authority vested with
the power, of an individual who is to
exercise the functions of a given office.
Kinds of Presidential
Appointment(Sec.15)

Appointment made by an Acting President

Midnight Appointment
Regular Presidential Appointment
Ad-Interim Appointment

2. Power of Appointment
APPOINTMENT the act of
designation by the executive officer,
board, or body to whom the power
has been delegated, of the individual
who is to exercise the functions of a
given office.

2. Power of Appointment
Sec. 14.
Appointments extended by an Acting
President shall remain effective, unless
revoked by the elected President
within ninety days from his assumption
Acting
President:
or
reassumption
of
office.

Exercises the powers & functions of the Office of the President

NOT the incumbent President
has not become a President to serve the unexpired portion of the term

Not all Cabinet members, however, are subject to

confirmation of the Commission on
Appointments.
According to the Commission of Appointments
website, the following need confirmation in order
to assume their posts:
1. Executive Secretary
2. Secretary of Agrarian Reform
3. Secretary of Agriculture
4. Secretary of Budget and Management
5. Secretary of Education
6. Secretary of Energy
7. Secretary of Environment and Natural Resources
8. Secretary of Finance
9. Secretary of Foreign Affairs
10. Secretary of Health
11. Secretary of Justice
12. Secretary of Labor and Employment
13. Secretary of National Defense
14. Secretary of Public Works and Highways
15. Secretary of Science and Technology
16. Secretary of Social Welfare and Development
17. Secretary of the Interior and Local Government
18. Secretary of Trade and Industry

2. Power of Appointment
Sec. 15.
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, except temporary
appointments to executive positions
when continued vacancies therein will

2. Power of Appointment
Sec. 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 consul, 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. He shall
also appoint 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. The Congress
may, by law, vest the appointment of other officers lower in
rank in the President alone, in the courts, or in the heads of
department, agencies, commissions, or boards.
The President shall have the power to make the
appointments during the recess of the Congress whether

Kinds of presidential appointments

(required to be submitted to the Commission on
Appointments)

1. Regular appointments
2. Ad interim appointments

1. Regular appointments
Nomination by the
President

Consent by the
Commission on
Appointments

Appointment by the
President

2. Ad interim appointments
Voluntary- before the adjournment
Compulsory- when Congress adjourns

Kinds of appointment in the

career services:
Permanent

Temporary or acting

Steps in the appointing process:

APPOINTMENT

ACCEPTANCE

Kinds of Acceptance:
Express- when done verbally or in writing; and
Implied- when, without formal acceptance, the
appointee enters upon the exercise of the duties and
functions of an office.
DESIGNATION- simply the mere imposition of new or
additional duties upon an officer already in the
government service (or any other competent person)
to temporarily perform the functions of an office in
the executive branch when the officer regularly
appointed to the office is unable to perform his
duties or there exists a vacancy

3. Power of Removal
General Rule: This power is
implied from the power to
appoint(Cruz)
Exception Those appointed by
him where the Constitution
prescribes certain methods for
separation from public service.

3. Power of Control
Control The power of an officer to alter,
modify, nuillify, or set aside what a
subordinate officer had done in the
performance of his duties and to substitute the
judgement of the former for that of the latter.
Supervision Overseeing or the power or
authority of an officer to see that subordinate
officers perform their duties. If the latter fail
or neglect to fulfill them, then the former may
take such action or steps as prescribed by law to
make them perform these duties.

Doctrine of Qualified
Political Agency or Alter Ego
Principle
The multifarious executive and
administrative functions of the Chief
Executive are performed by and
through the executive departments.
The acts of the Secretaries of
Executive departments xxx in the
regular course of business or unless
dispproved xxx are presumptively the
acts of the Chief Executive.

4. Military Powers
1.) Commander-in-Chief clause
To call out the Armed Forces to prevent or
suppress lawless violence, invasion or
rebellion(whenever it becomes neccessary);
Vested directly by the Constitution
Authority to declare a state of rebellion
Military Tribunals are simply instrumentalities
of the executive power provided by the
legislature for the Commander-in-Chief to aid
him in enforcing discipline in the armed forces.

4. Military Powers
2.) Suspension of writ of Habeas Corpus
A writ directed to the person detaining another,
commanding him to produce the body of the prisoner at
a designated time and place xxx the object of which is
the liberation of those who may be in prison without
sufficient cause.
Ground for suspension: invasion, rebellion, when public
safety requires it

Effects of suspension of Writ:

does not affect the right to bail
Applies only to persons facing charges of rebellion
The arrested must be charged within 3 days; if not
they must be released
Does not supersede civilian authority.

4. Military Powers
3.) Martial LAW
Grounds for declaration: Invasion and
Rebellion

The following cannot be done:

Suspend the operation of the Constitution
Supplant the function of the civil courts and
legislative assemblies
Violate Open Court Doctrine(civilians cannot
be tried by military courts if the civil courts are
open and functioning)
Automatically suspend the writ of Habeas Corpus

4. Military Powers
Constitutional Limitations of Martial LaW
And the suspension of privilege of
Habeas Corpus:
Ways to lift proclamation or
Not more suspension:
than 60 days, unless extended by
congress I. By the President himself
by Congress
President II.
to Revocation
report to congress
within 48
III. Nullification by the Supreme
hours
Authority of Court
the congress to revoke or extend
IV. By operation of law after 60
Authority of days
the Supreme Court to inquire of
the factual basis for such action

Military power of the President

1. Powers to meet emergency
situations
A. to call out the armed forces to
prevent or suppress lawless violence
B. to suspend the privilege of the writ of
Habeas Corpus
C. to declare martial law

Commander- in- Chief of the Armed

Forces

Powers of President as Commanderin-Chief of the Armed Forces

o Not a member of the Armed
Forces
o Not subject to court martial or
military discipline
o Has control of the military
organization and personnel
o Has the power to callout the
armed forces to prevent suppress
lawless violence

However, even in a state of martial

law military courts and agencies
have no jurisdiction over civilians
where civil courts are able to
function.
In event of war, the President,
normally, would delegate the actual
command of the armed forces to his
military experts. But the ultimate
command belongs to him

Power to suspend privilege of writ of

habeas corpus
There must be invasion or rebellion

The public safety must require the

suspension

Meaning of martial law

1. It includes all laws that have reference to and
are administered by the military forces of the
state.
A. the military law proper
B. the rules governing the conduct of military forces
in times of war and in places under military
occupation.

2. It is the law which has application when the

military arm does not supersede civil authority
but is called upon to aid it in the execution of its
vital functions.

Restriction on the exercise of the

two powers
1. there must be invasion or rebellion and public safety
requires the proclamation or suspension
2. the duration should not exceed 60 days unless extended by
congress upon the initiative of the President
3. the President must submit a report in person or in writing to
Congress within 48 hours from the proclamation or suspension
4. the proclamation or suspension may be revoked by majority
vote of all members of Congress voting jointly which
revocation shall not be set aside by the President.
5. the Supreme Court may inquire into the sufficiency or
factual basis of the proclamation or suspension.
6. the effects of a state of martial law are clearly spelled out,
to define the extent of the martial power.

Effects of a state of martial law

1. Operation of the Constitution
2. Functions of civil courts and
legislative assemblies
3. Jurisdiction of military courts and
agencies
4. Privilege of the writ of habeas
corpus

5. Pardoning Power
The pardoning power extends to all
offenses, including criminal contempt
(disrespect to or disobedience to a
court which amounts to a crime). It
does not give the President the
power to exempt, except from
punishment, anyone from the law.

Pardon- Act of grace which exempts

individual from punishment which the
law inflicts.

5. Pardoning Power(Sec.19)
As to effect:
a.)Plenary or b.)Partial
As to presence of
condition:
a.)Conditional Pardon or
b.)Absolute Pardon

5. Pardoning Power(Sec.19)
Amnesty A general pardon to
rebels for their treason or
political offence; it so overlooks
and obliterates the offnse with
which he is charged.
Person released by amnest
stands before the law precisely
as though he had committed
no offense.

5. Pardoning Power(Sec.19)
Other forms of Executive Clemency:
Reprieve- postponement of the execution of a
death sentence to a certain date.
Commutation- reduction of the sentence imposed
to a lesser punishment, as from death to life
imprisonment. It may be granted without the
acceptance and even against the will of the
convict.
Pardon- act of grace proceeding from the power
entrusted with the execution of the laws which
exempts the individual on whom it is bestowed,
from the punishment law inflicts for a crime he has
committed.

5. Pardoning Power(Sec.19)
Other forms of Executive Clemency:
Parole release from imprisonment,
but without full restoration of
liberty(in custody of law although
not in confinement
Remission of fines and forfeiture
Prevents the collection of fines and
confiscation of forfeited property;
cannot affect rights of third party
and money already in the treasury.

Kinds of pardon
Absolute
Conditional

Limitations upon pardoning power

1. It may not be exercised for offenses in
impeachment cases
2. It may be exercised only after conviction by
final judgement
3. It may not be exercised over civil contempt
4. In case of violation of election law or rules
and regulations, no pardon, parole, or
suspension of sentence may be granted
without the recommendation of the
Commission on Elections.

Effects of Pardon
1. It removes penalties and disabilities and
restores him to his full civil and political
rights.
2. It does not discharge the civil liability of
the convict to the individual he has
wronged as the President has no power to
pardon a private wrong.
3 It does not restore offices, property, or
rights vested in others in consequence of
the conviction.

 Remission- prevents the collection of

fines or the confiscation of forfeited
property.
Amnesty- an act of the sovereign power
granting oblivion or a general pardon for
a past offense usually granted in favor of
certain classes of persons who have
committed crimes of a political character,
such as treason, sedition, or rebellion.

Pardon and amnesty distinguished

1. Pardon is grated by the President alone after
conviction, while amnesty with the concurrence of
Congress before or after conviction
2. Pardon is an act of forgiveness, while amnesty is the
act of forgetfulness.
3. Pardon is grated for infractions of the peace of the
State, while amnesty, for crimes against the sovereignty
of the State.
4. Pardon is a private act of the President which must be
pleaded and proved by the person who claims to have
been pardoned, while amnesty by proclamation of the
President with the concurrence of Congress is a public
act of which the courts will take judicial notice.

6. Borrowing Power(Sec. 20)

The President may contract or
guarantee foreign loans on behalf of
the Republic with the concurrence of
the Monetary Board, subject to such
limitations as may be provided by law.
The Monetary board shall submit to
the Congress report on loans within 30
days from the end of every quarter.

Authority to contract and guarantee

foreign loans
1. Exclusive executive function
2. Concurrence of Monetary Board
required
3. Checks by Congress

. Diplomatic Power(sec.21)
No treaty or international agreement shall be valid and
effective unless concurred in by atleast 2/3 of all the
Members of the Senate
The power to ratify is vested in the President, subject
to the concurrence of the Senate.
Other foreign affairs powers:
a.) power to make treaties
b.) the power to appoint ambassadors, public ministers,
and consuls
c.) power to receive ambassadors and other public
ministers
d.) Deportation Power

 Treaty- compact made two or more

states, including international
organizations of states, intended to
create binding rights and obligations
upon the parties thereto.

Steps in treaty- making

Negotiation

Approval or
ratification

8. Budgetary Power
Within 30 days from the opening of every
regular session, President shall submit to
Congress a budget or expenditures and
sources of financing, including receipts
from existing and proposed revenue
measure.
Congress may not increase the
appropriation recommended by the
President for the operation of the
Government as specified in the budget.

9. Informing Power
The President shall address
Congress at the opening of its
regular session. He may also
appear before it at any other
time.
The information may be needed
for the basis of legislation(Cruz)
The President usally discharges
the informing power through
what is known as the State of
the Nation Address

Other Powers
a.) Call to Congress to a special session
b.) Approve or veto bills
c.) Deport Aliens
d.) Consent to deputization of government
personnel by COMELEC and discipline
them
e.) Exercise emergency(war, law, limited,
necessary) and Tariff powers
f.) Power to classify or reclassify lands