Executive

Department
We executeWe lead

Who heads the Executive

Department?

The

President of the
Republic of the Philippines

Am I qualified to be President?

Natural-born citizen of the Philippines;

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

such election.

Whats in it for me?

Opportunity to effect change by leading the whole country and get paid
doing it

Live in Malacaang

I cant be sued

I can keep some information for myself; away from public eye

Is there nothing I cant do?

You cant be paid for doing services aside from your monthly salary

Youre stuck being President, and can no longer hold any other office

You cant practice any other profession

You cant be a businessman

You cant employ your family to some positions in government

What is my job, really?

Implement laws

Override subordinates

Supervise

Fill offices (and remove)

Make laws in special cases

Armed Force Commander

Can declare martial law and suspend the writ of habeas corpus

Can enter agreement with other states

Protect the people, ensure their welfare and security

Forgive deserving criminals

Prepare and submit the countrys budget

Power of Appointment

The President shall nominate and, with the consent of the

Commission on Appointments, appoint the heads of the
executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from
the rank of colonel or naval captain, and other officers whose
appointments are vested in him in this constitution. He shall
also appoint all other officers of the Government whose
appointments are not otherwise provided for by law, and
those whom he may be authorized by law to appoint. The
Congress may, by law, vest the appointment of other officers
lower in rank in the President alone, in the courts, or in the
heads of departments, agencies, commissions or boards.
[Art. VII, Sec. 16]

Two kinds of Appointment

Regular if made while the Congress is in session; takes effect only after
confirmation by the Commission on Appointments (CA); Once approved,
continues until the end of the term of the appointee

Ad Interim if made while the Congress is not in session; Takes effect

immediately, BUT ceases to be valid (1) if disapproved by the CA or (2)
upon the next adjournment of Congress. [Art. VII, Sec. 16, par. 2]; Ad
interim appointments are permanent appointments. Ad Interim
appointment to the Constitutional Commissions (e.g. COMELEC) are
permanent as it takes effect immediately and can no longer be
withdrawn by the President once the appointee has qualified into office.
The fact that it is subject to the confirmation of the CA does not alter its
permanent character. [Matibag v. Benipayo (2002)]

When confirmation of CA is not

required?

When the President appoints other government officers whose

appointments are not otherwise provided for by law;

Those officers whom he may be authorized by law to appoint(e.g.

Chairman and Members of the Commission on Human Rights);

Appointment of the Vice-President as member of the Cabinet (art. VII,

sec. 3)

Appointments upon recommendation of the Judicial and Bar Council

Appointments solely by the President

I have the power to remove

officials?

YES.

However, the President cannot remove officials appointed by him where

the Constitution prescribes certain methods for separation of such
officers from public service, e.g. Chairmen and Commissioners of
Constitutional Commissioners who can be removed only by
impeachment, or judges who are subject to the disciplinary authority of
the Supreme Court.

Cabinet members and such officers whose continuity in office depends

upon the pleasure of the president may be replaced at any time, but
legally speaking, their separation is effected not by removal but by
expiration of their term.

What is the Alter Ego

Principle?

All the different executive and administrative organizations are mere

adjuncts of the Executive Department. This is an adjunct of the Doctrine
of Single Executive.

Unless when the Chief Executive disagrees or disapproves with their

acts.

What is my job in the local

government?

You exercise general supervision and not control.

Your job is to oversee, to see to it that duties have been rightfully done,
and not to alter, modify, nullify or set aside what a subordinate officer
had done and to substitute your judgment for that of the subordinate.

What are executive clemencies?

Reprieves - a temporary relief from or postponement of execution of criminal penalty or

sentence or a stay of execution. It is the withholding of a sentence for an interval of time, a
postponement of execution, a temporary suspension of execution.

Commutations - Reduction of sentence. It is a remission of a part of the punishment; a

substitution of a less penalty for the one originally imposed.

Amnesty - a sovereign act of oblivion for past acts, granted by government generally to a
class of persons who have been guilty usually of political offenses and who are subject to
trial but have not yet been convicted, and often conditioned upon their return to obedience
and duty within a prescribed time. Requires concurrence of majority of all members of
Congress.

Pardons - Permanent cancellation of sentence. It is an act of grace proceeding from the

power entrusted with the execution of the laws, which exempts the individual on whom it
is bestowed, from the punishment the law inflicts for the crime he has committed. It is a
remission of guilt, a forgiveness of the offense.

Remit fines and forfeitures, after conviction by final judgment.

What happens if I die during my

presidency? Or be disabled?

Rules on succession will follow. (Pls. refer to your handouts)

Assignment (to be submitted next

meeting)

Declaring a rebellion, hostile groups have opened and maintained armed

conflicts on the Islands of Sulu and Basilan.

a) To quell this, can the President place under martial law the islands
of Sulu and Basilan? Give your reasons?
b) What are the constitutional requirements on the exercise of the
President's power to proclaim martial law?