PRESIDENCY AND

EXECUTIVE POWER
 2

Article 7 Section 5
It indicates that the President of the
Philippines and no other is the Executive
of the Government of the Philippines
 3

1. Executive Power
The President is granted the power to
enforce and execute the laws faithfully,
which includes the Constitution and all
statutes lawfully enacted by the congress
 2. Roles of the president 4

Chief of State Chief Executive

Represents the government The head of the Executive
and the nation department
Chief Diploma Commander in Chief
Receives ambassadors and Granted the power to
the power to initiate command the nation’s
diplomatic relations. Military Forces
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The President of the

Philippines
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1. Qualifications for Presidency

• Natural-born Citizen
• Registered Voter
• Able to read and write
• At least forty years of age
• Resident of the Philippines for at least ten
years
2. Election and Term of Office
7

• The President is elected by direct vote of the

people
• The term of office of the President is six years.
• It shall begin at noon on the thirtieth day of
June following the day of the election.
• The President shall not be eligible for any
reelection.
 8

3. Congress as Board of Canvasser

• The Congress in joint public session that will
act as Board of Canvasser
• The Congress canvasses the votes in the
canvassing of votes.
• The Congress will vote for the President in
case of equal and highest number of votes
4. PRESIDENTIAL ELECTORAL TRIBUNAL
9

The Supreme Court, sitting en banc, is given

the power to act as electoral tribunal and the
sole judge of all contests relating to the
election, returns and qualifications of the
President and may promulgate its rule for the
purpose.
5. OATH OF OFFICE
10

"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,
execute all laws do justice to every man, and
consecrate myself to the service of the Nation. So
help me God (in case of affirmation, last sentence will
be omitted.)
 11

The President under the Constitution is granted:

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A. Official Residence
• Malacañang Palace – often referred
to as the seat of the Philippine
Presidency.
• The President is the only official of the
government provided with a residence
maintained by public funds.
 13

B. Salary
• It should be determined by the law and
shall not decrease during his tenure.
• P300,000 – fixed salary of the
president according to the
Constitution
c. Immunity from Suit
14

• The president is accorded the

immunity from the suit, both civil and
criminal.
• This is to assure the exercise of
Presidential duties and functions free
from any hindrance and distraction.
 15

The President during his tenure is prohibited

under the Constitution from:
 16

A. Receiving any other emolument from the

Government or any other sources.
B. Holding any other office of employment
unless otherwise provided by the
Constitution
C. Directly or indirectly, practicing any other 17

profession, participating in any business or

financially interested in any contract with
public and private institution.
D. Strictly avoiding conflict of interest in the
conduct of his office.
E. Nepotism
 18

Part of the Executive Department

The President determines the role
played by the V.P.
Qualifications, Election, and Term 19

of Office of the Vice President

► Same qualifications like the President
► Term of 6 years and commenced on the
same day as the President
► Entitled to one immediate re-election
 20

Rules on Presidential
Succession
Vacancy in the Office of the President 2

at the beginning of his term

If the President-elect fails to qualify, the Vice
President-elect shall act as President until the
President-elect shall have qualified.
If a President shall not have been chosen, the
Vice President-elect shall act as President until a
President shall have been chosen and qualified.
Vacancy in the Office of the President 2

at the beginning of his term

If at the beginning of the term of the President,
the President-elect shall have died or have become
permanently disabled, the Vice President elect
shall become President.
Vacancy in the Office of the President 2

at the beginning of his term

Where no President and Vice President shall have
been chosen or shall have qualified, or where both
shall have died or become permanently disabled, the
President of the Senate or, in case of his inability,
the Speaker of the House of Representatives shall
act as President until a President or a Vice President
shall have been chosen and qualified.
Vacancy in the Office of the President 2

during his term

When the office of the President becomes
vacant as a result of death, permanent
disability, removal from office (only through
impeachment), or resignation, the Vice
President will become President to serve for
the unexpired term.
Vacancy in the Office of the President 2

during his term

However, in case of death, permanent disability,
removal from office, or resignation of both the
President and the Vice President, the Senate
President or, in case of inability, the Speaker of
the House shall act as President until a President
or a Vice President shall have been elected and
qualified.
Vacancy in the Office of the Vice 2

President
When a vacancy occurs in the Office of the V.P. at
the beginning of his term, as in cases where the Vice
President shall not have been chosen, shall have not
qualified, died or become permanently incapacitated,
it is the Senate President or, in case of his inability,
the Speaker shall act as until the V.P. has been
chosen and qualified.
Vacancy in the Office of the Vice 2

President
Where the vacancy occurs during the term for
which the V.P. was elected, the President shall
nominate a Vice President to serve for the
unexpired term from among the members of the
Senate or House of Representatives nominee shall
assume office upon confirmation of a majority
votes.
When the Vice President shall become 2

President
First, if at the beginning of the term, the
President elect shall have died or become
permanently disabled.
Second, in case of death, permanent disability,
removal from office and resignation of the
President during his term.
SPECIAL ELECTION (SNAP) FOR THE OFFICE OF THE PRESIDENT
29

The constitution empowers the congress to call special

election (snap) in case of vacancy in the office of the
President and Vice President.
The election must be held not earlier than 45 days nor
later than 60 days counted from the time of such call.
No special election shall be called if the vacancy occurs
within 18 months before the date of the next
presidential election.
 30

Declaration on the Inability of the

President to Discharge the Office
 2

PRESIDENT
Must have the ability to discharge
duties and obligation of his office
This is to ensure the orderly workings
of our government that will ultimately
benefit the people.
DECLARATION BY THE PRESIDENT
32

The President may transmit to the Senate President

and the Speaker of the House of Representatives his
written declaration that he is unable to discharge
the powers and duties of his office.
In such case, the Vice-President shall be the
Acting-President.
Declaration by members of the Cabinet 33

Whenever the majority of all the members of the

Cabinet transmit to the Senate President and the
Speaker their written declaration, the Vice-
President shall immediately assume the powers and
duties of his office as the Acting-President.
Upon transmitting a written declaration to the
contrary, the President shall reassume the powers
and duties of his office.
the majority of all the members of the 34

Cabinet
The Congress by a 2/3 vote from both
Houses, voting separately, shall determine
the termination and/or existence of the
presidential incapacity.
 35

This section states that the public has

the right to be informed of the state of
the President's health.
POWERS OF THE
PRESIDENT
 2

PRESIDENT
Θ Most powerful official of the government
Θ Executive of the government of the Philippines
Θ Only person which the constitution vested the
exercise of the entire executive power
Θ First and foremost duty is to ensure the
faithful execution of laws
 38

Classification of The
Powers of The
President
 39
Constitutional Power
Powers enumerated under the
Constitution (Article VII)

Statutory Power
Powers granted to him by laws or
statutes established by the Congress
 Express Power
40

Power expressly provided under the Constitution

and statues
Includes the Constitutional and Statutory Power
Inherent Power
Power exercised from the loosely worded statement in the
Constitution that the Executive power shall be vested in
him and shall ensure that laws are faithfully executed
POWERS OF THE PRESIDENT
41

 Executive Power
 Power of Appointment
 Power of Control Pardoning Power
 Military Power Borrowing Power
Informing Power
And other powers granted
under the Constitution
1. Executive Power
2

Θ Power to administer and enforce the laws

2. Power of Appointment
Θ Power to appoint officials in the government
A. Permanent and Temporary Appointment 43

Permanent Appointment - issued to a person who

meets all the requirements for the positions to
which he is being appointed, including the
appropriate eligibility prescribed.
Temporary Appointment - issued to a person who
meets all the requirements for the positions to
which he is being appointed except the
appropriate civil service eligibility.
 B. Officials Appointed by the President 44

1. The heads of the executive departments,

ambassadors, and other offices whose
appointments are vested in them in this
constitution.
2. All other officers of the Government whose
appointments are not otherwise provided for by
law.
 B. Officials Appointed by the President 45

3. Those whom the President may be authorized by

law to appoint.
4. Officers lower in rank, whose appointment the
Congress may by law vest in the President alone.
 C. Regular and Ad-Interim Appointment 46

1. Regular Appointment - Is one whose appointment

requires confirmation of the Commission on
Appointments made by the President while the
Congress is in session.
2. Ad-Interim Appointment - Is one whose
appointment requires confirmation of the
Commission on Appointments made by the
President while the Congress is in recess.
 CONSTITUTIONAL LIMITATIONS ON THE 47

3.
APPOINTING POWER OF THE PRESIDENT
Appointments extended by an Acting President
shall remain effective unless revoked by elected
President within 90 days from his assumption
and re-assumption of office.
 CONSTITUTIONAL LIMITATIONS ON THE 48

3.
APPOINTING POWER OF THE PRESIDENT
 Powers and functions of Acting President
Revocation by elected President of the
appointments
 CONSTITUTIONAL LIMITATIONS ON THE 49

3.
APPOINTING POWER OF THE PRESIDENT
Two months immediately before the next presidential
elections and up to the end of his term, a President or
Acting President shall not make appointments.
(Except temporary appointments to executive positions
when continued vacancies therein will prejudice public
service or endanger public safety.)
 50

4.
Power to remove officials appointed by
the President is implied from the grant
of the power of appointment.
4. Power of Removal 51

► If the term officer is not fixed for a definite time by

law, President may remove him when he wills.
► Constitutional officers removable only by means of
Impeachment
► Judges of lower they are not subject to the removal
power of the President.
► Civil service officers, the President may remove them
only for cause as provided by law.
5. Power of Control 52

Θ Power granted to an officer to alter of modify or

nullify or set aside what a subordinate officer had
done in the performance of his duties and substitute
the judgment of the former to that of that latter
Θ President has been vested with the power to control
of all the executive departments, bureaus, of offices
but not of all local governments.
5. Power of Control 53

Nature and extent of the power of control:

o Over cabinet members
o Over other subordinate effects
o Over officers and employees in the career
service
 54

In the event of emergency cases,

the President is vested under the
Constitution military powers to
suppress such cases.
 55

A. Commander-in-Chief
► The president is authorized to direct the
movements of the naval and military
forces placed by law at his command,
and to employ them in the manner he
may deem most effectual (Bernas, 2007)
B.
Power to Suspend the Privilege of 56

the Writ of Habeas Corpus

1. Grounds for Suspension – the President may,
in cases of invasion or rebellion when public
safety requires it. The enumeration for
suspension under the Constitution is exclusive.
B.
Power to Suspend the Privilege of 57

the Writ of Habeas Corpus

2. Duration – it can only be suspended for a
period not exceeding sixty (60) days. Within
forty eight (48) hours after the suspension,
the President shall report and the Congress
may revoke the suspension or extend upon the
initiative of the President.
B.
Power to Suspend the Privilege of 58

the Writ of Habeas Corpus

3. Factual Basis of Suspension – the Supreme
Court may review, in an appropriate proceeding
filed by any citizen, the sufficiency of the
factual basis of its proclamation or extension
thereof, and must promulgate its decision
thereon within thirty (30) days from filing.
B.
Power to Suspend the Privilege of 59

the Writ of Habeas Corpus

4. Effect of the Suspension of the Privilege of the
Writ of Habeas Corpus – the suspension does
not affect the right to bail. Any person thus
arrested or detained shall be judicially charged
within three (3) days, otherwise he shall be
released.
C. Power to Declare Martial Law
60

Martial law is founded upon this principle: “The state has a

right to protect itself against those who would destroy it
and has therefore been likened to the right of the individual
to self-defense. It is invoked as an extreme measure, and
rests upon the basic principle that every state has the
power of self-preservation, a power inherent in all states
because neither the state nor society would exist without it”
 2

Vested on Philippine president

May not be vested on anyone else
Cannot be restricted and controlled by legal
action
Purely executive acts not subject to judicial
scrutiny
A.Scope of the Pardoning Power 62

Grants of Pardon
► Act of grace proceeding from the power entrusted
with execution of law, exempts an individual on
whom it is bestowed from the punishment the law
conflicts for crime he has committed
Commutation
► Remission of a part of a punishment
A.Scope of the Pardoning Power 63

Reprieving
► Postponement of execution or temporary
suspension of execution
Remitting fines and forfeitures
► Exoneration of fines and forfeited property
Granting of Amnesty
► General pardon for rebels for their treason and
other high political offenses
B. Limitations on Pardoning Power 64

1. It may not be granted on impeachment cases

2. There will be no pardon granted to cases of violations
of election laws with the recommendation of
commission on election
3. Amnesty cannot be granted without concurrence of
the congress
4. The pardoning power can only be granted or exercised
after conviction
C. Kinds of Pardon 65

1. Absolute Pardon
Granted without conditions whatsoever, not
only blots out the crime committed but removes
all disability resulting from conviction

2. Conditional Pardon
Granted on president subject to such conditions
as he made them necessary or receive it
 66

The President as the chief diplomat exercises the

power to conduct the country's external affairs.
These power includes:
1. Send and receive diplomatic representatives.
2. Recognize foreign government.
3. Enter into treaty and international government.
 67

A. Power to send and receive

diplomats
It is the President who appoints, sends,
and instruct diplomatic agents and
Consults
Diplomatic Agents and Consults 68

They represent the country abroad and are essential in

carrying and maintaining our diplomatic relations with
other countries.
The President also exercises the authority over the reception
of Diplomatic agents and consults. The act of receiving a
diplomat has been equivalent to officially recognizing his or
her, government.
The President is also granted the right to refuse to admit
agents whom it may consider unacceptable.
 B. Power of Recognition 69

The power to recognize the legitimacy of foreign

governments. Such power to be exercised is a pre-
requisite to diplomatic relations with that country.
C. Treaty-making Power
Power to enter into treaties and international
agreement.
Treaties - These are International agreements concluded between
States in written formed governed by international law.
1. Treaty and Executive agreement distinguished 70

Treaties
 Formal document which require ratification with the
approval of two-thirds of the senate.
 International agreements involving political issues or
changes of national policy and those involving
international agreements of a permanent in
character.
1. Treaty and Executive agreement distinguished 71

Executive agreement
 This agreement becomes binding through executive
action without a need of a vote by the senate or
congress.
 It refers to the international agreements embodying
adjustments of detail carrying out well established
national policies and traditions and those involving
arrangements of a more or less temporary in nature.
2. Limitations of the Treaty-making Power of 72

the President
Requires that such treaty or international agreement entered
by him must obtain prior concurrence of the senate for its
validity.
The constitution requires that such concurrence must be
made by at least two-thirds of all the members of the senate.
Moreover, the Supreme Court may declare treaties concluded
by the President these treaties conflict with certain provision
in the constitution.
8. Borrowing Power 73

The authority to contract or guarantee loan in the

name of the Republic of the Philippines. These loans
may be used to augment the budget of the government
as well as to finance important development projects.
Before the president can guarantee such foreign loan
in the name of the government, it must first receive
prior concurrence of the Monetary Board of the
Central Bank.
9. Borrowing Power
74

Monetary Board of the Central Bank -They are in

the best position to determine whether an
application for foreign loan initiated by the
president is within capacity of our country or not.
Congress – provide other limitations through
legislative enactments.
 75

The president shall address the

congress, at the opening of its
regular session (also referred to
as the State of the Nation
Address or SONA.
11. Other Powers
76

Expressly conferred to him under the

Constitution:
 General supervision over all local governments
 The power to call special session in Congress to
address emergency measures
 The power to approve bills and at the same
time to veto bills passed by Congress.