Anda di halaman 1dari 28

EXECUTIVE DEPARTMENT

Executive power been defined as the


power to administer the laws, which
means carrying them into practical
operation and enforcing their due
observance.
1. He is a natural-born citizen of the
Philippines;
2. He is a registered voter;
3. He is able to read and write;
4. He is at least forty(40) years of age on
the day of the election (not
proclamation or assumption of office)
for President; and
5. He is a resident of the Philippines for at
least ten(10) years immediately
preceding such election.
The President and Vice-President enjoy
the security of tenure. Their term of office is
six(6) years Which shall begin at noon on
the 30th day of June following the day of
the election and shall end at noon of the
same date (6) years thereafter.

The President -elect and Vice-


President-elect shall assume their office at
the beginning of their terms.
1. Returns transmitted to
Congress.
2. Plurality rule sanctioned.
3. Candidate to be
proclaimed.
I do solemnly swear (or affirm) that I
will faithfully and conscientiously fulfill
my duties as President, or Vice-
President, or Acting President of the
Philippines. Preserve and defend its
Constitution, executive its laws, do
justice to everyman, and consecrate
myself to the service of the Nation. So
help me God. (In case of affirmation,
last sentence will be omitted.)
Oath is an outward pledge made
under an immediate sense of
responsibility to God. If the President,
Vice-President, or Acting President
does not believe in God , he makes
an affirmation. Instead of saying I
do solemnly swear he declares I do
solemnly affirm. In such case, he
omits the last sentence. So help me
God.
Appointment is the act of
designation by the executive
officer, board, or body to
whom the power has been
delegated, of the individuals
who is to exercise the functions
of the given office
o Regular Appointments or those
made during the session of Congress.
o Ad Interim Appointments or those
made during a recess of Congress
o Implied from the nature of executive
power of the President.

o Removal the ouster of the incumbent


before the expiration of his term.
Cabinet members the president may be
remove them with or without cause;
Officers exercising quasi-legislative/quasi-
judicial functions may be removed only
on grounds provided by law;
Constitutional Officers removable only by
means of impeachment; and
Civil service officers the President may
remove them only for a cause provided by
law.
the constitutional makes the
President the Commander-in-chief of
the Armed Forces of the Philippines.
o Call out the Armed forces
o Power to suspend the privilege of writ of
habeas corpus

Writ of habeas Corpus an order issued by


the court, directed to the person
detaining another, commanding him to
produce the body of the prisoner at the
designated time and place, and to show
sufficient cause for holding him in
custody.

o Power to declare Martial Law


o Permanent one which is issued to a
person who meets all the requirements for
the position to which he is appointed; it
lasts until it is lawfully terminated.

o Temporary or acting one which issued to


a person who meets all the requirements
for the position to which he is being
appointed except the appropriate civil
service eligibility; it shall not exceed 12
months, but the appropriate may be
replaced sooner if qualified civil service
eligible becomes available.
Appointment - it is the act of the
appointing power.
Acceptance It is the act of the
appointee.
Acceptance maybe:

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 the
office.
Designation is 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.
1. In its comprehensive sense, it includes all
laws to have reference to and are
administered by the military forces of the
state.
2. In its strict sense, it is that 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.
1. Basis the right to declare, apply, and exercise
martial law is one of the rights of sovereignty. It is as
essential to the existence of the nation as the right
to declare and carry on war.
2. Object preservation of the public safety and good
order.
3. Duration Sec. 18(par.1.) seta a time limit for the
duration of the state of martial law and suspension
of the privilege of the writ of habeas corpus 60
days unless revoked or extended by Congress,
voting jointly, by a majority vote of all its members, in
regular or special session.
a) Operation of the Constitution
b) Function of civil courts and
legislative assemblies
c) Jurisdiction of military courts and
agencies
d) Privilege of the writ of habeas
corpus
Traditionally vested in the President/Chief
Executive.

Reprieve the postponement of the execution


of a death sentence to a certain death.
Suspension - the postponement of a death
sentence to an indefinite time.
Commutation the reduction of a sentence
imposed to a lesser punishment.
Pardon - an act of grace from the President
which exempts the individual on whom it is
bestowed from the punishment the law inflicts
for a crime he has committed.
1. Absolute it is not subject to any
condition.
2. Conditional when it is given,
subject to any condition or
qualification the President may see
fit..
Amnesty an act sovereign power
granting oblivion or a general
pardon for a past offense, usually
granted in favor of certain classes of
person who have committed crimes
of a political character, such as
treason, sedition , or rebellion.
Authority to contract and guarantee
foreign loans.
1. Exclusive executive function
2. Concurrence of the Monetary
Board
3. Checks by Congress
TreatyMaking Power a compact
made between two or more states,
intended to create binding rights
and obligations upon the parties
thereto.
Steps in treaty-making:
1. Negotiation - in the field of initiation and
negotiation, the President alone has
the sole authority.
2. Approval or ratification no treaty or
international agreement shall be valid
and effective unless concurred in by at
least 2/3 of all members of the Senate.
The Constitution entrusts to the President the
task of preparing the budget [ of receipts
and expenditures based on existing and
proposed revenue measures and other
sources of financing ] and submitting it to
the Congress within 30 days from the
opening of its regular session. The budget
submitted by the President shall be the basis
of the annual or general appropriations
(national budget) to be enacted by
Congress for the following year.
This provision gives the President the
opportunity to give her State of the
Nation Address (SONA) at the opening
of the regular session of the Congress,
and to recommend to Congress the
consideration of such [legislative]
measures as he may deem necessary.
The address may also contain guidelines
of national policy.