ARTICLE VII EXECUTIVE
DEPARTMENT
SECTION 17 The President shall have
control of all the executive
departments, bureaus and offices. He
shall ensure that the laws be
faithfully executed.
Section 17 is a self-executing provision.
The President derives his power of
control directly from the Constitution and
not from an implementing legislation.
THE CONTROL POWER
Control is defined as ‘the power of an
officer to alter or modify or nullify or
set aside what a subordinate officer had
done in the performance of his duties
and to substitute the judgment of the
former for that of the latter.”
It includes the authority to order the
doing of an act by a subordinate or to
undo such act or to assume a power
directly vested in him by law. Control is
a stronger power than mere supervision.
The President has full control of
all the member of his Cabinet. He may
appoint them, shuffle them, and replace
them in his discretion without any legal
inhibition whatever. The members of the
Cabinet are subject at all times to the
disposition of the President since they
are merely his alter ego.
The power of an officer to alter, modify,
or set aside what a subordinate officer
has done in the performance of his
duties, and to substitute the judgment of
the officer for that of his
subordinate. Thus, the President
exercises control over all the executive
departments, bureaus, and offices.
The President’s power over
government-owned corporations comes
not from the Constitution but from
statute. Hence, it may be taken away
by statute.
DOCTRINE OF QUALIFIED POTICAL
AGENCY
Since all executive and administrative
organizations are adjuncts of the
Executive Department, the heads of
such departments, etc. are assistants
and agents of the President.
Under this doctrine department
secretaries are alter egos or assistants
of the President and their acts are
presumed to be those of the latter
unless disapproved or reprobated by
him.
This Doctrine of Qualified Political
Agency would not be applicable to acts
of cabinet secretaries done in their
capacity as ex officio board directors of
a government-owned or controlled
corporation of which they become
members not by appointment of the
President but by authority of law.
Under Administrative Law, decisions of
Department Secretaries need not be
appealed to the President in order to
comply with the requirement of
exhaustion of administrative remedies.
Qualified political agency does NOT
apply if the President is required to act
in person by law or by the
Constitution. Example: The power to
grant pardons must be exercised
personally by the President.
The “Take-Care” Clause
This refers to the duty of the President
to take due care while executing the law
and ensure that the laws are faithfully
executed. The President is the Law
Enforcer this would include the
Constitution, statutes, judicial decisions,
administrative rules and regulations and
municipal ordinances, as well as treaties
entered into by our government.
The President has the duty to execute
the law regardless of his doubts on its
validity because the question of the law
is exclusively addressed to the judiciary.
Disciplinary Powers:
1) The power of the President to discipline
officers flows from the power to appoint
them, and NOT from the power control.
2) BUT While the President may remove
from office those who are not entitled to
security of tenure, or those officers with no
set terms, such as Department Heads, the
officers, and employees entitled to security
of tenure cannot be summarily removed from
office.
Power of Supervision:
1) This is the power of a superior officer to
ensure that the laws are faithfully executed
by subordinates.
2) The power of the president over local
government units is only of general
supervision. Thus, he can only interfere with
the actions of their executive heads if these
are contrary to law.
3) The execution of laws is an OBLIGATION
of the President. He cannot suspend the
operation of laws.
4) The power of supervision does not
include the power of control; but the power
of control necessarily includes the power of
supervision.
Section 18, Article VII of the 1987
Constitution
Section 18. The President shall be the
Commander-in-Chief of all armed forces
of the Philippines and whenever it
becomes necessary, he may call out
such armed forces to prevent or
suppress lawless violence, invasion or
rebellion. In case of invasion or rebellion,
when the public safety requires it, he
may, for a period not exceeding sixty
days, suspend the privilege of the writ
of habeas corpus or place the
Philippines or any part thereof under
martial law. Within forty-eight hours from
the proclamation of martial law or the
suspension of the privilege of the writ
of habeas corpus, the President shall
submit a report in person or in writing to
the Congress. The Congress, voting
jointly, by a vote of at least a majority of
all its Members in regular or special
session, may revoke such proclamation
or suspension, which revocation shall not
be set aside by the President. Upon the
initiative of the President, the Congress
may, in the same manner, extend such
proclamation or suspension for a period
to be determined by the Congress, if the
invasion or rebellion shall persist and
public safety requires it.
The Congress, if not in session, shall,
within twenty-four hours following such
proclamation or suspension, convene in
accordance with its rules without need of
a call.
The Supreme Court may review, in an
appropriate proceeding filed by any
citizen, the sufficiency of the factual basis
of the proclamation of martial law or the
suspension of the privilege of the writ
of habeas corpus or the extension
thereof, and must promulgate its decision
thereon within thirty days from its filing.
A state of martial law does not suspend
the operation of the Constitution, nor
supplant the functioning of the civil courts
or legislative assemblies, nor authorize
the conferment of jurisdiction on military
courts and agencies over civilians where
civil courts are able to function, nor
automatically suspend the privilege of the
writ of habeas corpus.
The suspension of the privilege of the writ
of habeas corpus shall apply only to
persons judicially charged for rebellion or
offenses inherent in, or directly
connected with, invasion.
During the suspension of the privilege of
the writ of habeas corpus, any person
thus arrested or detained shall be
judicially charged within three days,
otherwise he shall be released.
The Military Power
The President is granted with tremendous
and extraordinary authority. Section 17 of
this Article bolsters the principle in Article
II, Section 3 of the 1987 Constitution, the
“civilian authority is, at all times, supreme
over the military.” By making the President
the commander-in-chief of all the AFP, the
Constitution lessens the danger of a
military take-over of the government in
violation of its republican nature.
Although the President is the commander-
in-chief of the AFP only if there is an AFP
to command.
Article II, Section 4 provides the in the
defense of the State the Government may
call upon the people to defend the State
and in the fulfillment thereof all citizens
may be required, under conditions
provided by law, to render personal
military or civil service.
THE MILITARY POWER
1. The President is given command of
all the Armed Forces of the
Philippines
2. The President is given the power to
suspend the privilege of the writ of
habeas corpus
3. The President is given the power to
declare martial law
COMMAND of the Armed Forces
The President has the “power of the
sword”. He plans all campaigns, establishes
all sieges and blockades, directs all marches,
and fights all battles.
. Scope:
The President is the Commander-in-Chief
of the Armed Forces.
Whenever necessary, the President may
call out the AFP to PREVENT or SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
The President may also:
a) Suspend the privilege of the writ of
habeas corpus; and
b) Proclaim a state of martial law.
Grounds for suspension of the privilege of
the writ of habeas corpus and declaring
martial law;
A. Invasion
B. Rebellion
C. Public safety requires it.
The invasion or rebellion must be ACTUAL and
not merely imminent.
Limitations:
Suspension or proclamation is effective
for only 60 days.
Within 48 hours from the declaration or
suspension, the President must submit a
report to Congress.
Congress, by majority vote and voting
jointly, may revoke the same, and the
President cannot set aside the
revocation.
In the same manner, at the President’s
initiative, Congress can extend the same for a
period determined by Congress if:
Invasion or rebellion persist and
Public safety requires it.
NOTE: Congress CANNOT extend the period
motu propio.
Supreme Court review:
The appropriate proceeding can be filed by
any citizen.
The SC can review the FACTUAL BASIS of the
proclamation or suspension.
Decision is promulgated within 30 days from
filing.
State of Martial Law does NOT:
1 Suspend the operation of the Constitution.
2 Supplant the functioning of the civil
courts or legislative assemblies.
3 Authorize conferment of jurisdiction on
military courts over civilians where civil
courts are able to function and
4 Automatically suspend the privilege of the
writ.
Application of Suspension of privilege of the
writ:
Applies ONLY to persons judicially charged
for rebellion or offenses inherent in or
directly connected with invasion.
Anyone arrested or detained during
suspension must be charged within 3
days. Otherwise he should be released.
Note: While the suspension of the privilege
of writ and the proclamation of martial law
is subject to judicial review, the actual use
by the President of the armed forces is
not. Thus, troop deployments in times of
war is subject to the President’s judgment
and discretion.