Executive Branch of

the Philippine Government

Philippine Government and Constitution

Belonia, Raymond
Blaquera, Gelyanna Marie
Chew, Ferdinand
Claridad, Alvin
Dela Cruz, Argie
Epres, Angelo
Geronimo, Aeron Paul
Malabanan, Nikko
Reyes, Katherine Louise
Si, Michael
Sta. Maria, Giselle
Tagura, Editha
Tamayo, Chris
4-IT-D
1. Who are able to run for President?
Under Article 7, Section 2 of the Constitution of the Philippines, in order to s
erve as President, one must be:
• A natural-born citizen of the Philippines
Natural-born citizens are:
Those who do not have to perform any act to acquire his Philippine citizenship
The Philippines follow jus sanguinis, where blood relationship is the basis of t
he acquisition of citizenship
• A registered voter, single or married
o Has all the qualifications of a registered voter
Citizen of the Philippines
This includes both natural born citizens and naturalized citizens.
18 years of age
Must be 18 years old on the day of the election
Residence in the Philippines
Must be a resident of the Philippines for at least 1 year
Residence in place to vote
Must be a resident of a particular place in the Philippines for 6 months to be a
ble to vote in that place’s local election
o Disqualifications of a registered voter
Person sentenced to suffer imprisonment for not less than 1 year. But automatica
lly reacquire the right to vote upon expiration of 5 yrs after service of senten
ce.
Any person judged having committed any crime involving disloyalty to the duly co
nstituted government such as rebellion, unless restored to his full civil and po
litical rights by the law. Automatically regain his right after 5yrs after servi
ce of sentence.
Insane or incompetent persons declared by competent authority.
• At least 40 years of age on the day of the election
• Able to read and write
o Not necessarily in English
o But with the capability to protect the equality of our democratic societ
y.
o As long as he can understand the documents and able to relay it effectiv
ely to other people
• A resident of the Philippines for at least 10 years immediately preceding electi
on.
o Residence is the place where one has his true permanent home and to whic
h, whenever absent, has the intention of returning.
o There must be animus manendi or intention to stay and animus revertendi,
or the intention to return.
o One’s residence is not necessarily the actual place of residence.
o Legal or constructive presence is all that is required to declare or det
ermine one’s residence.
o Occupation or profession does not itself constitute an abandonment of on
e’s legal residence.
A person who meets the above qualifications is still disqualified from holding t
he office of president under any of the following conditions:
• Under Article 7, Section 4 of the Constitution of the Philippines, a person who
has already been elected to the Office of President can no longer be eligible to
the same office. No person who has succeeded as President and has served as suc
h for more than four years shall be qualified for election to the same office at
any time.
2. What are its powers?
• Executive power – the power to administer laws, which means carrying them into pra
ctical operation and enforcing their due observance
o Power of control over all executive departments, bureaus and offices
The President must see to it that every department, bureau and office under the
executive branch is managed and maintained properly by the person in charge of i
t.
Nature and extent of the power of control
o Over cabinet members
Alter or modify or set aside what a subordinate officer had done in the performa
nce of his duties
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
Prescribe standards, guidelines, plans and programs
o Over other subordinate officers
Power to supervise, investigate, suspend or remove officers and employees who be
long to the executive branch
o Over officers and employees in the career service
No power to directly investigate and thereafter remove even for cause an officer
or employee who belongs to the career service
Two factors:
o Power of appointment
Appointment is 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 fun
ctions of a given office.
The power of appointment is intrinsically an executive privilege.
The legislative office, defines its powers, limits its duration, and provides th
e compensation. This done, its legislative power ceases. It has nothing to do w
ith designating the man to fill the office.
This does not imply that no appointment by Congress and courts can be made. They
may also appoint those officers who are necessary to the exercise of their own
functions.
• Art VI, Sec.16[1]- The Senate shall elect its President and the House of Represe
ntatives its Speaker, by a majority vote of all its respective members.
• Art VIII, Sec.5[6] – Appoint all officials and employees of the Judiciary in accor
dance with the Civil Service Law.
Kind of presidential appointments
• Regular appointments – those made during the Sessions of Congress
• Ad Interim appointments – those made during a Recess of Congress
 Kind of appointment in the career services
• Permanent- issued to a person who meets all the requirements for the position to
which he is appointed; it lasts until it is lawfully terminated. The holder of
which cannot be removed except only for cause.
• Temporary or Acting – issued to a person who meets all the requirements for the po
sition to which he is being appointed except the appropriate civil service eligi
bility.
Steps in the appointing process
• Appointment – It is the act of the appointing power. It may include the issuance b
y the President of the commission, which is the written evidence of the appointm
ent.
• Acceptance is the act of the appointee. He may or may not accept the appointment
. But acceptance thereof is necessary to enable him to have full possession, enj
oyment, and responsibility of an office. It is not, however, necessary to the le
gality of the appointment. The best formal evidence of the acceptance is the qua
lification of the officer appointed by taking the oath of office.
• Express- this is when it is done verbally or in writing
• Implied- when done without formal acceptance
Designation is the mere imposition of new or additional duties upon an officer a
lready in the government service to temporarily perform the functions of an offi
ce in the executive branch when the officer regularly appointed to the office is
unable to perform his duties or there exists a vacancy.
o Power of removal
Removal is the ouster of an incumbent before the expiration of his term of offic
e.
Not expressly granted
Impliedly granted
• Implications
o Power to appoint
o Nature of executive power
o President’s duty to execute the laws
o President’s control of all departments, bureaus and offices
o Provision that “no officer or employee in the Civil Service shall be remov
ed or suspended except for cause provided by law”
Extent
• Officers exercising purely executive functions whose tenure is not fixed by law –
may be removed even without cause and cannot be restricted by Congress
• Officers exercising quasi-legislative or quasi-judicial functions – may be removed
only on grounds provided by law
• Constitutional officers removable only by means of impeachment – not subject to re
moval power
• Civil service officers – may only be removed only for cause as provided by law
o Power to insure that the laws be faithfully executed
Primary function of the President is to enforce the laws
More of a mandatory duty than a power
• Military power
o Power to meet emergency situations
to call out the armed forces to prevent or suppress lawless violence, meet the t
hreat of invasion, or quell rebellion
• as Commander-in-Chief of AFP
• shares authority with Congress
to suspend the privilege of the writ of habeas corpus
• 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 da
y and cause of his capture and detention, to do, submit to, and receive whatsoev
er the court or judge awarding the writ shall consider in that behalf.
• Conditions:
o There must be invasion or rebellion
o Public safety must require the suspension
• Suspension shall not exceed 60 days
• To be revoked or extended by the Congress
• Applies only to persons judicially charged for rebellion or offenses inherent in
or directly connected with invasion
• Does not impair the right to bail
to declare martial law
• Includes:
o The military law power
o The rules governing the conduct of military forces in times of war and i
n places under military occupation
• Conditions for declaring martial law are the same as those of the suspension of
habeas corpus
• May place under martial law the entire country or only a part
Restrictions on the exercise of the two powers
• There must be (actual) invasion or rebellion and public safety requires the proc
lamation or suspension
• Duration shall not exceed 60 days unless extended by Congress upon the initiativ
e of the President
• President must submit a report in person or in writing to Congress within 48 hou
rs from the proclamation or suspension
• Proclamation or suspension may be revoked by majority vote of all the members of
the Congress voting jointly which revocation shall not be set aside by the Pres
ident
• Supreme Court may inquire into the sufficiency of the factual basis of the procl
amation or suspension
• The effects of a state of martial law are clearly spelled out, to define the ext
ent of the martial law power.
Not included in the effects of martial law
• Operation of the Constitution
• Functions of civil courts and legislative assemblies
• Jurisdiction of military courts and agencies
• Privilege of the writ of habeas corpus
• Pardoning power
o Pardon is granted by the President to exempt individuals from the punish
ment the law inflicts for a crime he has committed.
o Cannot be taken away from the President
o Exercise cannot be subject to limitations or conditions except those pro
vided by the Constitution
o Courts may not inquire into the wisdom or reasonableness of pardon
o Extends to all offenses
o Gives the President power to exempt anyone from punishment but not from
the law
o Kinds of pardon
Absolute – not subject to any conditions
Conditional – subject to any condition or qualification the President may see fit
o Limitations upon the pardoning power
It may not be exercised for offenses in impeachment cases
It may be exercised only after conviction by final judgment
It may not be exercised over civil contempt
No pardon, parole or suspension of sentence may be granted without the recommend
ation of COMELEC, in cases where there is violation of election law or rules and
regulations
o Effects of pardon
Removes penalties and disabilities and restores him to his full civil and politi
cal rights
 Does not discharge the civil liability of the convict to the individual he has w
ronged
Does not restore offices, property or rights vested in others in consequence of
the conviction
o Differences between pardon and amnesty
Pardon is granted by the President alone after conviction, while amnesty, with t
he concurrence of Congress, before or after conviction
Pardon is an act of forgiveness while amnesty is an act of forgetfulness
Pardon is granted for infractions of the peace of the State, while amnesty, for
crimes against the sovereignty of the State
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 Pr
esident with the concurrence of Congress is a public act of which the courts wil
l take judicial notice
• Budgetary power
o Preparing the budget of receipts and expenditures based on existing and
proposed revenue measures and other sources of financing
o Submitting the budget to Congress within 30 days from the opening of eac
h regular session
3. What are the cabinet members and their powers?
The Executive Departments of the Philippines (also known as the "Cabinet") are t
he largest component of the national executive branch of the government of the P
hilippines. There are a total of nineteen executive departments, comprising the
largest part of the country s bureaucracy.
The Cabinet secretaries are tasked to advise the President on the different affa
irs of the state such as agriculture, budget, finance, education, social welfare
, national defense, foreign affairs and etc.
They are nominated by the President and then presented to the Commission on Appo
intments, a body of the Congress of the Philippines that confirms or rejects all
appointments made by the head of state. If the presidential appointees are appr
oved, they are sworn into office, receive the title "Secretary," and begin to ca
rry out their duties.
List of Current Departments:
Department of Agrarian Reform
• Secretary Virgilio Delos Reyes
• DAR is responsible for all land reform programs in the country.
Department of Agriculture
• Secretary Proceso Alcala
• DA is responsible for boosting the income of farmers as well as reducing the inc
idence of poverty in the rural sector.
Department of Budget and Management
• Secretary Florencio Abad
Department of Education
• Secretary Armin Luistro
• DepEd is the chief formulator of the Philippine educational policy and is respon
sible for the Philippine primary and secondary school system.
Department of Energy
• Secretary Jose Rene Almendras
• DoE is responsible for preparing, integrating, coordinating, supervising, and co
ntrolling all plans, programs, projects, and activities of the Government relati
ve to energy exploration, development, utilization, distribution, and conservati
on.
Department of Environment and Natural Resources
• Secretary Ramon Paje
• DENR is responsible for governing and supervising the exploration, development,
utilization, and conservation of the country’s natural resources
Department of Finance
• Secretary Cesar Purisima
• DoF is responsible for the administration of fiscal policies, management of the
financial resources of the government, supervision of the revenue operations of
all local government units, privatization and public accountability of corporati
ons and assets owned, controlled or acquired by the government.
Department of Foreign Affairs
• Secretary Alberto Romulo
• DFA tasked to contribute to the enhancement of national security and the protect
ion of the territorial integrity and national sovereignty, to protect the rights
and promote the welfare of Filipinos overseas and to mobilize them as partners
in national development.
Department of Health
• Secretary Enrique Ona
• DoH is responsible for ensuring access to basic public health services to all Fi
lipinos through the provision of quality health care and the regulation of provi
ders of health goods and services
Department of Interior and Local Government
• Secretary Jesse Robredo
• DILG is responsible for promoting peace and order, ensuring public safety, and s
trengthening the capabilities of local government units. It is also responsible
for the Philippine National Police.
Department of Justice
• Secretary Leila De Lima
• DoJ is responsible for upholding the rule of law in the Philippines.
Department of Labor and Employment
• Secretary Rosalinda Baldoz
• DoLE is responsible to formulate policies, implement programs and services, and
serve as the policy-coordinating arm of the Executive Branch in the field of lab
or and employment.
Department of National Defense
• Secretary Voltaire Gazmin
• DND is responsible for guarding against external and internal threats to peace a
nd security in the country.
Department of Public Works and Highways
• Secretary Rogelio Singson
• DPWH is responsible for all safety of projects in the field of public works.
Department of Science and Technology
• Secretary Mario Montejo
• DOST is responsible for the coordination of Science and Technology-related proje
cts in the Philippines and to formulate policies and projects in the fields of s
cience and technology in support of national development.
Department of Social Welfare and Development
• Secretary Corazon Soliman
• DSWS is responsible for the protection of the social welfare rights of Filipinos
and to promote social development.
Department of Tourism
• Secretary Alberto Lim
• DoT is responsible for the regulation of the Philippines tourism industry and th
e promotion of the Philippines as a tourist destination.
Department of Trade and Industry
• Secretary Gregory Domingo
• DTI is responsible in expansion of Philippine trade and industry as the means to
generate jobs and raise incomes for Filipinos.
Department of Transportation and Communications
• Secretary Ping De Jesus
• DOTC is responsible for the maintenance and expansion of viable, efficient, and
dependable transportation and communications systems as effective instruments fo
r national recovery and economic progress.
4. What are the implications of President’s removal, retirement, and separation fr
om post?
Implications
• Death
• Permanent disability
• Removal from office
• Resignation
When Vice-President shall act as President
• If the President-elect fails to qualify
• If a President shall not have been chosen
• Temporary disability or incapacity of the President to discharge his powers and
duties
When Vice-President shall become the President
• If at the beginning of the term of the President, the President-elect shall have
died or shall have become permanently disabled
• After assumption of office, in case of death, permanent disability, removal from
office or resignation of the President, the Vice-President shall serve the unex
pired term
Where there are no President and Vice-President
The President of the Senate, or in case of his inability, the Speaker of the Hou
se of Representatives, shall act as President until a President or a Vice-Presid
ent shall have been chosen and qualified. Where both the President of the Senate
and the Speaker of the House of Representatives are unable to act as President,
Congress is mandated to provide who shall act as President until the President
or Vice-President shall have been elected and/or qualified.
5. What are the prohibitions on the President?
The President s powers and privileges are not absolute. The following are the li
mitations and prohibitions on the Presidential office:
• Aside from his/her salary, the president cannot receive any other emolument from
the Philippine Government or any other source.
• Unless otherwise provided in the Constitution, the president cannot also hold an
y other office or employment or directly or indirectly practice any other profes
sion, and cannot participate in any business, or be financially interested in an
y contract, franchise, or special privilege granted by the Government, including
government-owned or controlled corporations or their subsidiaries, during his/h
er tenure. Also, the President s spouse and relatives by consanguinity or affini
ty up to the fourth civil degree may not be appointed as members of the Constitu
tional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecr
etaries, chairmen or heads of bureaus or offices, including government-owned or
controlled corporations and their subsidiaries, during the President s tenure.
• Starting two months before the next presidential elections and up to the end of
his/her term, the president cannot anymore appoint anyone to offices or position
s, except temporary appointments to executive positions, and only when continued
vacancies therein will prejudice public service or endanger public safety.
• Also, suspension of the privilege of the writ of habeas corpus or declaration of
martial law may only be made for a period of 60 days, and within 48 hours after
such suspension or declaration the president must submit a written or personal
report to Congress, which then has the power to extend or revoke such proclamati
on or suspension by majority vote of all its members. Furthermore, the Supreme C
ourt may review the sufficiency or legality of such suspension or declaration in
an appropriate proceeding filed by any citizen.
• The president may not grant pardon to a person who has been found guilty in an i
mpeachment case.
• Any treaty or international agreement entered into by the President must have th
e concurrence of at least two-thirds of all the members of the Senate in order t
o be valid.