EXECUTIVE DEPARTMENT

Executive Department (Article VII)

Executive power has been defined as the power to administer the laws,
which means carrying them into practical operation and enforcing their
due observance. The executive power is vested to the President of the
Philippines.

The President and Vice- President must be: (a) a natural-born citizen of the
Philippines; (b) a registered voter; (c) able to read and write; (d) at least
forty years of age on the day of the election for president; (e) a resident of
the Philippines ten (10) years immediately preceding such election.

The President and Vice President enjoy security of tenure. Their term of
office is six 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
six (6) years after.
Executive Department (Article VII)

Power of control over all executive departments, bureaus and offices

As an administrative head, the duty of the President is to see to that
every department, bureau, and office under the executive branch is
managed and maintained properly by the person in charge of it in
accordance with the pertinent laws and regulations.

There are two factors that contribute to effective hold and control of
the President over all executive departments, bureaus, and offices, to
wit: (a) the power of appointment with which he may choose men of
competence and confidence; (b) the power of removal with which he
may weed out incapable and dishonest officials.
Executive Department (Article VII)

Nature and extent of the power of control

Over the cabinet members in line with the concept as members serving as his
alter ego.

It implies that he may alter or modify or set aside subordinate officer had
done in the performance of his duties and to substitute his judgement for
that of the latter, act directly on any specific function entrusted to the offices
concerned, direct the performance of a duty, restrain the commission of
acts, determine priorities in the execution of plans and programs, and
prescribe standards, guidelines, plans and programs.

Over the subordinate officers for his powers is not only limited to the heads of
departments, bureaus and offices under the executive branch. He can
supervise, investigate, suspend, and remove officers and employees and those
who are not members of the career service.
Executive Department (Article VII)

Military power of the President

(1)Powers to meet emergency situations: (a) call out the armed forces
to prevent of suppress lawless violence, meet the threat of invasion
or quell rebellion; (b) suspend the writ of habeas corpus; (c) declare
martial law.

(2) Commander-in-Chief of the Armed Forces is line with the principle

that the civilian authority is at all times supreme over the military.
The president is authorized when it is necessary to call out the
armed forces in protecting and pursuing national interest and
harmony.
Executive Department (Article VII)

Martial Law in a strict sense 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. The
declaration of Martial Law does not suspend the Constitution.

It does not even supplant the function of civil courts. It only

serves as a warning to the citizens that the military powers
have been called upon by the President to assist him in the
maintenance of law and order.
Executive Department (Article VII)

Pardoning Power
The power to grant pardon and other acts of clemency to violators of
law is traditionally vested to the Chief Executive of the nation. Pardon
has been defined as an act of grace proceeding from the power
entrusted with the execution of laws (President) which exempts the
individual on whom it is bestowed, from the punishment of the law
inflicts for a crime he has committed.

Executive clemency exists to afford relief from the undue harshness

or evident mistake in the operation or enforcement of criminal law.
There are two kinds of pardon: (a) absolute- when it is not subject
to any condition; and (b) Conditional- when it is given subject to any
condition the President deems fit. The offender must accept this to
become effective.
Executive Department (Article VII)

Amnesty is an act of the sovereign power granting oblivion or a

general pardon for an offense usually granted on favour of
certain classes of people who have committed crimes of a
political character, such as treason, sedition, or rebellion.

Amnesty abolishes and puts into oblivion the offense of which

one is charged, so that the person released by amnesty stands
before the law precisely as though he had committed no
offense.
Section 1. The executive power shall be
vested in the President of the Philippines.
The following are the qualifications that a person must possess before
he can be elected as president:
– Natural-Born Citizen
– A registered voter
– Able to read and write
– At least forty years old on the day of the
election
– Residency of at least 10 years immediately
preceding the election
Section 2, Article VII
Section 4 says it clearly: Six
years
“Noon on the Thirteenth day of June next
following the day of the election.”
-Section 4 , Article VII
“Before the president can perform his duties
as president after he is sworn into office,
there are various ceremonies that he has
to undergo and most likely, these
ceremonies end at the later part of the
day.”
-Comment of the 1986 Framers of the Constitution
Section 4. again states that 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.
(Third Sentence of Section 4.)
Gloria Arroyo served a total of nine
years.
Is she allowed for re-election at any
time?
Ans: Yes.
Why?
• Resignation
• Death
• Permanent incapacitation
• Removal from Office
• End of term
Read CAREFULLY section 7 and Section 8
Death- VP BECOMES President
Incapacity- VP ACTS as president
President fails to qualify- VP ACTS as
President
President not qualified- VP ACTS as
President
Section 13.
“not allowed to hold any other office”
“shall not directly or indirectly practice any
other profession, participate in any
business or be financially interested in any
contract with the government”
“shall not appoint spouse or relatives by
consanguinity or affinity within the 4th civil
degree to any Constitutional Office”
• President
• Vice President
• Members of Cabinet
• Deputies and Assistants
• Section 15- “Midnight Appointment”

• Appointed two months immediately before

the election.
• Appointment power (Section 16)
• Control Power (Section 17)
• Commander in Chief (Section 18)
• Can suspend the privilege of the Writ of
Habeas Corpus (Section 18)
• Declare a state of Martial Law (Section 18)
• Grant reprieves, commutations and
pardons (Section 19)