GROUP 2

According to Article VII Sec 1 of the

1987 Constitution:
Executive power is the power
to administer the laws, which means
carrying them into practical operation EXECUTIVE POWER SHALL BE
and enforcing their due observance.
VESTED TO THE PRESIDENT!!

The President shall have control

of all the executive departments,
bureaus, and offices. He shall ensure that
the laws be faithfully executed. (Art. VII
sec. 17)
PRESIDENT VICE PRESIDENT

 He may only serve for one term, and
is ineligible for reelection
 LINE OF SUCCESSION:
 Vice President
 Senate President
 Speaker of the House of
Representatives
 May run for reelection once
 LINE OF SUCCESSION:
 the President of the Philippines is
required by the constitution to
nominate a replacement with the
concurrence of Committee on
Appointments.

BOTH WILL SERVE AT THE SPAN OF 6 YEARS AFTER BEING

ELECTED ON THE SECOND MONDAY OF MAY .

 A joint canvassing committee composed of members of the House of
Representatives and the Senate must be organized in a joint session of Congress.
 The Constitution says senators and congressmen shall meet in a Joint Public
Session no later than 30 days after the election to canvass the votes for the two
highest officials.
 The Senate President and House Speaker will each appoint seven members to the
Joint Committee, including a chairperson and four alternate members for each
chamber.
 The Joint Committee shall generate and print a copy of the electronically
transmitted CoC from the Consolidation and Canvassing System (CCS), then
compare the printed copy of the electronically transmitted CoC with the printed
copy of the CoC physically delivered by the Provincial Boards of Canvassers
(PBOCs), City Boards of Canvassers (CBOCs) and District Boards of Canvassers
(DBOCs) to Congress.
 If there is any discrepancy between the electronically transmitted CoC and
physically delivered CoC as to the number of votes cast for any presidential or vice
presidential candidate, “the Joint Committee shall require the PBOC/CBOC/DBOC
concerned to personally appear before it within twenty-four (24) hours and explain
the discrepancy.”
 The Joint Committee may order the production, examination and comparison of the
Compact Disc/s (CD), the Secure Digital (SD) cards (both the memory and/or the
back-up cards) from the Vote Counting Machine/s and/or CCS Machine, the audit logs
and/or the printed or generated Statement of Votes (SoVs).
 If the issue remains unresolved, representatives of the candidates questioning the
official results may appeal their case to the Presidential Electoral Tribunal (PET) after
the winning candidates are proclaimed.
 6 years beginning at noon on 30 June
immediately following the election and
ending at noon on the same day 6 years
later.
 Term limitation: Single term only; not
eligible for any reelection.
 Any person who has succeeded as
President, and served as such for more
than 4 years shall NOT be qualified for
election to the same office at any time.
 6 years, starting and ending the
same time as the President.
 Term limitation: 2 successive terms.
 Voluntary renunciation of the office
for any length of time is NOT an
interruption in the continuity of
service for the full term for which the
Vice-President was elected.
 The President and the Vice-President shall be elected by direct vote of the people
for a term of six years which shall begin at noon on the thirtieth day of June
next following the day of the election and shall end at noon of the same date, six
years thereafter. 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 successive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of the service for the full term for which he was
elected.
 Section 2 provides the following qualifications for Filipinos who would run
for the Presidency and Vice-Presidency:

 A natural-born Filipino citizen;

 A registered voter;
 Able to read and write;
 At least 40 years of age on the day of the election; and
 A resident of the Philippines for at least 10 years immediately preceding the election.
 What are the Positions appointed by the President that Need Confirmation
by the Commission on Appointment?
The President has the power to appoint the following:
 Members of the Constitutional Commissions
 Ambassadors, other Public Ministers and Consuls,
 Other Officers of the AFP from the rank of Colonel or Navy Captain and
 All other officers whose appointments are vested in the President under the 1987
Constitution.
The term of the office of these appointed is co-terminus with that of the President. The
President also has the power to remove them from office.
 THE PRESIDENT HAS THE POWER OF CONTROL OVERALL
EXECUTIVE DEPARTMENTS,BUREAUS AND OFFICES AND ALL
CABINET MEMBERS, OTHER SUBORDINATE OFFICERS AND THE
EMPLOYEES OF THE GOVERNMENT
The military power enables the President to:

 Command all the armed forces of the Philippines;

 Suspend the privilege of the writ of habeas corpus; and
 Declare martial law.
 Command of the Armed Forces
Based on the constitutional principle of the supremacy of the civilian authority over the
military, the President is held as the Commander-in-Chief of all the armed forces.
 Habeas Corpus
The writ of habeas corpus is a writ directed to the person detaining another, commanding
him to produce the body of the prisoner at a designated time and place, with the day and
cause of his caption and detention, to do, to submit to, and receive whatever the court or
judge awarding the writ shall consider in his behalf. It is a high prerogative common law writ
of ancient origin the great object of which is the liberation of those who may be in prison
without sufficient cause.
 Martial Law
Martial law refers to that law which has application when the military arm does not
supersede civilian authority but is called upon to aid it in the execution of its civil
function.

During martial law, there is no new powers given to the executive, no extension of
arbitrary authority is recognized, no civil rights are suspended. The relations between
the state and its citizens is unchanged. The interference that may be caused to personal
freedom or property rights must always be based on necessity.
When can the President Declare Martial Law?

What is “Martial Law”
The law administered by
military forces that is
invoked by a government
in an emergency when
the civilian law
enforcement agencies
are unable to maintain
public order and safety.
Consequences of having
a Martial Law
-
-
Promotes Authoritarianism
Increases Police Power
- A risk for a Political Crisis
- Economic Collapse
- Human Rights Abuse
Advantages of having
a Martial Law
- Eradicate Criminality
- Improve Peace
- Eliminate Any Signs of
Terrorism
- Remove Corrupt Official
- Promotes Equality and
Equity
 - In case of rebellion and
Any of when public safety requires
these conditions it.
must be existing in - In case of invasion and
when public safety requires
the Philippines for it.
the President to - In case of rebellion and
declare Martial Law invasion and when public
safety requires it.
 If and when the President declares Martial Law the following must be
observed:
 He may call out the armed forces when it becomes necessary to prevent ot suppress
lawless violence, invasion or rebellion only.
 The ground for the suspension of the privilege of the writ of habeas corpus and
proclamation or martial law are now limited to invasion or rebellion, when the public
safety requires it.
 The President needs to report to the members of the Philippine Congress within 48
hours of the declaration of Martial Law.
 The Martial Law declared must not exceed 60 days.
  If the President wants to extend the Martial Law declared, he/she must ask the
permission of the members of the Philippine Congress.
 The declaration of Martial Law does not necessarily suspend the privilege of the writ
of Habeas Corpus.

Writ of Habeas Corpus is a court order directing a person detaining

another person to bring out the body of the detained person at a
particular place and time and explain the reason of detention.
 The President may grant reprieves, communications, and
pardons, and remit fines and forfeitures, after conviction by
final judgement. He shall also have the power to grant
amnesty with concurrence of a majority of all members of
the congress.
The President shall submit to the congress
within 30days from the opening of the 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.
 National Budget is the financial blueprint of the country’s development plan.
 It is to ensure the public resources are managed more efficiently and with greatest
degree of discipline.
Budgetary Process
 The procedure is regulated by law. On or before October 20 of each year, each
department secretary submits to Department of Budget.
 Upon receiving, the Department of Budget and Management prepares the National
Budget
 Budget Secretary can investigate, revise, examine, coordinate, and reduce or
increase the budget.
 After preparing the budget, the Budget Secretary then submits it to the president
for the 30 days approval.
 According to the 1987 Philippine Constitution, Congress “may not increase the
appropriation recommended by the President for the operation of the government
as specified in the budget”.
 The previous budget for 2018 is 3.767 trillion National Budget.
 It’s a 417B increase from2017 budget or 12.4%.
 This year’s 2019 national budget is 3.757 trillion.
  Section 20. The President may
contract or guarantee foreign loans
POWER TO on behalf of the Republic of the
Philippines with the prior
concurrence of the Monetary Board,
ENTER INTO A and subject to such limitations as may
be provided by law. The Monetary
CONTRACT AND Board shall, within thirty days from
the end of every quarter of the
calendar year, submit to the
GUARANTEE Congress a complete report of its
decision on applications for loans to
FOREIGN LOANS be contracted or guaranteed by the
Government or government-owned
and controlled corporations which
(SEC. 20) would have the effect of increasing the
foreign debt, and containing other
matters as may be provided by law.
 CONCEPTS:
 Foreign loans refer to all obligations (regardless of currency of
denomination and form, i.e., cash or in kind) owed by Philippine
residents to non-resident entities, including advances from foreign
parent companies, shareholders and affiliates and
pesodenominated loans from non-residents. Foreign currency
denominated loans refer to obligations owed by Philippine
residents to FCDUs of banks operating in the Philippines.
 The powers and function of Bangko Sentral are exercised by its
Monetary Board, which has seven members appointed by the
President of The Philippines. Under the New Central Bank Act, one
of the government sector members of the Monetary Board must
also be a member of the Cabinet designated by the President.
  The approval/registration process
WHY DO helps control the size of the
FOREIGN/FOREIGN country’s obligations and keep
CURRENCY DENOMINATED debt service burden at
BORROWINGS REQUIRE manageable levels, channel loan
proceeds to priority
APPROVAL AND purposes/projects supportive of
REGISTRATION WITH THE the country’s development
BANGKO SENTRAL NG objectives and promote optimum
utilization of the country’s foreign
PILIPINAS (BSP)? exchange (FX) resources.
 Sec. 1. The President of the Philippines is
hereby authorized in behalf of the Republic
of the Philippines to contract such loans,
credits and indebtedness with foreign
governments, agencies or instrumentalities
of such foreign governments, foreign
REPUBLIC financial institutions, or other international
organizations, with whom, or belonging to
countries with which, the Philippines has
ACT NO. 4860 diplomatic relations, as may be necessary
and upon such terms and conditions as may
be agreed upon, to enable the Government
of the Republic of the Philippines to finance,
either directly or through any government
office, agency or instrumentality or any
government-owned or controlled
corporation, industrial, agricultural or other
economic development purposes or
projects authorized by law loan.
  Official Development Assistance,
as defined in this Act, is hereby
excluded from the application of
Paragraph 1, Section 2 of Republic
REPUBLIC Act 4820 as amended: Provided,
That the weighted average grant
ACT NO. element of all ODA at anytime shall
not be less than forty percent

8182 (40%):
 Provided, further, That in no case
shall the interest rate on the loan or
loan component exceed seven
percent (7%).
 The Philippines Constitution provides that no treaty or
international agreement shall be valid or effective unless concurred in by
at least two-thirds of all the Members of the Senate. There is no need for
legislative concurrence with regards to Executive agreements.
 Both the President and the Vice President may
be removed from their office by IMPEACHMENT
as provided by Art. VII SEC.2
Culpable Violation of the Constitution
Treason
Bribery
Graft and Corruption
Betrayal of Public Trust
Other High Crimes