EXECUTIVE DEPARTMENT

ARTICLE 7
EXECUTIVE DEPARTMENT
 the law-enforcing body. Charged with the
execution and administration of a country’s
laws.
 In general, the executive branch sets the
direction of national policy.
  headed by the President who functions as both
the head of state and the head of government.
The president is also the Commander-in-Chief
of the Armed Forces of the
Philippines. 
 PRESIDENT
1. the Chief Executive of the government, thus, all
executive authority is vested in him
2. also serves as the Commander-in-Chief of the
Armed Forces, the Head of State, the Head of
Government, the Highest Ambassador and the
Highest Law-Maker
3. his first and foremost duty is to ensure the
faithful execution of laws
 QUALIFICATIONS
ELECTION OF THE PRESIDENT
1. Regular – Second 1. Natural Born Citizen
Monday of May, every 2. A Registered Voter
six years
3. Able to Read and Write
2. Special
4. At least 40 years of age
A. Death, Disability,
on the day of election
Removal from office
5. Resident of the Philippines
or Resignation
for at least ten years
B. Vacancies occur more immediately preceding the
than eighteen months election.
before next election
C. A law passed by
congress
 Prohibitions and Inhibitions
1. No increase in salaries during the term.
2. Shall not receive emoluments
3. Shall not hold any other office.
4. Shall not, directly or indirectly, practice any other
profession, business, or be financially interested in any
other contract with franchises of the government.
5. Avoid conflict of interest in the conduct of their office
6. May not appoint spouse or relatives by consanguinity or
affinity within 4th civil degree
(ART. VII, SECTIONS 6, 13)
 EXECUTIVE POWER
1. It is the power to enforce and administer the laws
2. The executive power is vested in the President of the
Philippines (Art. VII, Sec. 1)
3. President shall have the control of all executive departments,
bureaus, and offices. He shall ensure that laws are faithfully
executed (Art. VII, Sec.17)
4. Until and unless a law is declared unconstitutional, the
President has a duty to execute it regardless of his doubts as to
its validity
(Faithful Execution Clause) (Cruz, Phil. Political Law)
 POWER OF
APPOINTMENT (SECTIONS 14, 15 AND 16)
 The power to select an individual who is to exercise the functions
of a give office
 Appointment 
-the act of selection or designation by the executive officer, board
or body to whom the power has been delegated, of the individual who
is to exercise the function of a given office
Designation 
  –the imposition of additional duties upon a person already in
public service to temporarily perform the functions of an office
when the officer regularly appointed to the office is unable to
perform his duties or there is a vacancy.
 KINDS OF OFFICIALS THE PRESIDENT
MAY APPOINT
a. Appointments Vested by the Constitution
-these requires the confirmation of the Commission on
Appointments
it includes the following:
 heads of executive departments

 ambassadors, and other public ministers and consuls

 officers of the armed forces from the rank of colonel or naval

captain
 other officers such as the regular members of the Judicial and Bar
Council and the chairmen and members of the
Constitutional Commissions
 
 b. Appointments Vested by the Constitution but Do not Need a
Confirmation by the Commission on Appointments
-includes the members of the Supreme Court and judges of
the lower courts recommended by the Judicial and Bar
Council, Ombudsman and his deputies, members of the
regional consultative commissions and sectorial
representatives to Congress
c. Officers Whose Appointment Are Not Provided by Law
-they are appointed by the respective heads as may be
provided for by Congress
-these are officials lower in rank than the heads of executive
departments, agencies, commissions and boards
 KINDS OF APPOINTMENT
a. Permanent Appointment
 issued to a person who meets all the requirements for the positions to which
he is being appointed
b. Acting or Temporary Appointment
 made without security of tenure and can be terminated with or without
cause. “OIC” belongs to this kind 
c. Regular Appointment
 requires confirmation of the Commission on Appointments made by the
President while the Congress is in session. It will take effect once approved
by the Commission and continues as such until the end of its terms
d.  Ad Interim Appointment
 requires confirmation of the Commission on Appointments made by the
President while the Congress is in recess. It shall
only be effective only
1. until disapproved by the Commission on
Appointments, or
2. until the next adjourn of the Congress
 POWER OF REMOVAL
 the power to remove officials appointed by the
President
 other appointed officials are not covered by this
power such as the Chief Justice and the
Associate Justices of the Supreme Court, the
Ombudsman and the chairmen and members of
Constitutional Commissions
 POWER OF control
(SECTION 17)
 
 the power granted to an officer to alter, modify, nullify or set aside
what a subordinate officer had done in the performance of his duties
and to substitute the judgment of the former to that of the latter.
 power to supervise, investigate, suspend or remove
officers/employees belonging to the executive branch
 Power of General Supervision 
 power to see to it that inferior and local governments follow the
laws
a. Supervision
  authority of an officer to see that
subordinate officers perform their duties
 MILITARY POWERS AND POWER
TO ENFORCE LAWS
(SECTION 18)

 refers to the power to enforce laws using the local police in the

implementation of his orders

 consists of the President’s power to call out the armed forces, to

declare martial law, to suspend the privilege of Habeas Corpus,
and he himself as the Commander-in-chief of the armed forces

 vested in him to suppress emergency cases

The President as the Commander-in-Chief
 the President has the control of the military organization and
personnel and also the head of our military institution, thus,
civilians are supreme over the military

 he is vested with the power to call the Armed Forces of the

Philippines and to create military tribunals to prevent or
suppress lawless violence, invasion or rebellion

  he is authorized to direct movements of the naval and military

forces placed by law at his command and to employ them in the
manner he may deemed most effectual
Suspension of Writ of Habeas Corpus
 the writ of habeas corpus can only be suspended if and only if
a) there are cases of actual rebellion when public safety requires
it, or
b) there are cases of actual invasion when public safety requires it
 Writ of Habeas Corpus
 an order requiring a person or an officer detaining another, to bring
the said person before the court and explain the reason or cause
of detention
 Martial Law 
 founded upon the principle that the state has a right to protect itself
against those who would destroy it, and has likened to the right of
an individual to self-defense. It includes all laws
that have reference to orate
administered by the military
forces of the State.
 PARDONING POWER
SECTION 19

 power to grant reprieves, commutations, pardons and amnesty

 also known as “Executive Clemency”
 granted to provide relief on the harshness of the law or to
correct mistakes in the administration of justice

Scope of the Pardoning Power

1. Reprieve
the postponement or temporary suspension
of the execution of a death sentence
to a certain time
2. Commutation
 reduction of the sentence imposed to a lesser punishment
3. Remit Fines and Forfeiture
 exoneration of fines and forfeited property
4. Amnesty
 commonly denotes the “General Pardon” to rebels for their treason
and other high political offenses, of the forgiveness which one
sovereign grants to the subjects of another, who have offended some
breach of the law of nations
 an act of grace concurred by the legislature, usually extend to groups
of persons who committed political offenses; which puts into
oblivion the offense itself
5. Pardon
 an act of grace, which exempts individual on whom it is bestowed
from the punishment the law inflicts for a crime he has committed-
 it has two kinds, namely the following:
A. Absolute Pardon
 granted without any conditions; it does not only blots out the
crime committed, but removes all the disabilities resulting from
the conviction
B. Conditional Pardon
 subject to such conditions or qualifications as it may deem
necessary or see fit
 BORROWING POWER
  SECTION 20

 pertains to the power to contract or guarantee loans in the name

of the Republic of the Philippines

 must have a prior concurrence of the Monetary Board

 subject to limitations provided by the Congress through

“Legislative Enactments”
 DIPLOMATIC POWER
SECTION 21
 power to deal with foreign states and governments, extend
or withhold recognition, maintain diplomatic relations, enter into
treaties and otherwise transact the business of foreign relations

The President as the Chief Diplomat

 the President exercises the power to conduct the country’s
external affairs
  he can deport undesirable aliens
  his powers include the following:
a)  Power to Send and Receive Diplomats
 power to appoint, send and instruct diplomatic agents and consuls
who represent the country abroad

 authority over the reception of diplomatic agents and consuls

 right to refuse to admit agents whom he may consider unacceptable

b) Power of Recognition
 power to recognize the legitimacy of foreign governments and
to deal with newly risen states or new administrations in existing
states 
c) Treaty- Making Power
 power to enter into treatise and international agreement
subject to the validation of the 2/3 of the Senate
 Treatise
 international agreement concluded between states in written form
and governed by international law

 international agreements involving political issues or changes

of national policy and those involving international arrangements of
a permanent character

 formal documents which require ratification

with the approval of 2/3 of the Senate
 BUDGETARY POWER
Executive Agreements
 international agreementsSECTION
embodying
22 adjustments of detail carrying
out well-established national policies and traditions and those
involving agreements of a more or less temporary nature
 BUDGETARY POWER
SECTION 22
 Involves the power to issue a budget of expenditures and sources
of financing, including receipts from existing propose revenue
measures
 budget must be submitted to the Congress
 DOCTRINE OF QUALIFIED
POLITICAL AGENCY OR ALTER EGO
PRINCIPLE
 means that the acts of the secretaries of the Executive departments
performed and promulgated in the regular course of business are
presumptively the acts of the Chief Executive.

 EXCEPTIONS:
1. In cases wherein the Chief Executive is required by the
Constitution or by the law to act in person or
2. the exigencies of the situation demand that he act personally, the
multifarious executive and administrative functions of the Chief
Executive are performed by and
through the executive department