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Executive Branch of the Government of the Philippines
 

Executive Branch of the Government of the Philippines

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Article VII Section 17-20

Article VII Section 17-20

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    Executive Branch of the Government of the Philippines Executive Branch of the Government of the Philippines Presentation Transcript

    • The Executive Branch of the Government Article VII of the 1987 Philippine Constitution
    • Powers of the President
    • Section The President shall have control of all17 the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed. Control Power- the president shall have the control of all the executive departments, bureaus, and offices. The control power of the President is directly derived from the Constitution. Thus, any law that will limit the exercise of his control power is invalid. The members of the Cabinet as his alter ego are under the full control of the President. He may appoint them as he sees fit, shuffle them at pleasure, and replace them in his discretion without any legal inhibition whatsoever. (ibid).
    • Control is defined as the power Supervision is to oversee thatof an officer to alter or modify or subordinate officers performnullify or set aside what a their duties. If the subordinatessubordinate officer had done in fail or neglect to fulfillthe performance of his duties them, then the officer may takeand to substitute the judgment such action or steps asof the former for that of the prescribed by law to make themlatter. It includes the authority to perform these duties.order the doing of an act by a The “take care” clause. The President is consideredsubordinate or to undo such act as the Law Enforcer. He is to enforce theor to assume a power directly Constitution, statutes, judicial decisions, administrative rules and regulations andvested in him by law. municipal ordinances, as well as treaties entered into(Cruz, 2002). by the government.
    • Section The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes18 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 martiallaw or the suspension of the privilege of the writ of habeas corpus or theextension 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 legislativeassemblies, 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 applyonly 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.
    • Command of the Armed Forces- the president is held as the Commander-in- Chief of all the Armed Forces.Suspension of the writ of habeas corpus-note that what is suspended is not thewrit itself but only the privilege of it. Declaration of Martial Law- law which has an application when the military does not supersede civilian authority bur is called upon to aid it in the execution of its civil function.
    • Limitations of the Military Power:1. He may call out the armed forces when it becomenecessary to prevent or suppress lawless violence, invasion orrebellion only.2. The grounds for the suspension of the privilege of the writ ofhabeas corpus and the proclamation of martial law are nowlimited only to invasion or rebellion, when the public safetyrequires it.3. The duration of such suspension or proclamation shall notexceed sixty days, following which it shall be automatically lifted.4. Within forty-eight hours after such suspension orproclamation, the President shall personally or in writing reporthis action to the Congress. If not in session, Congress mustconvene within 24 hours without need of a call. 5. The Congress may then, by a majority vote of all its members voting jointly, revoke his action. 6. The revocation may not be set aside by the President.
    • 7. By the same veto and in the same manner, the Congressmay, upon initiative of the President, extend his suspensionor proclamation for a period to be determined by theCongress if the invasion or rebellion shall continue and thepublic safety requires the extension.8. The action of the President and the Congress shall besubject to review by the Supreme Court which shall have theauthority to determine the sufficiency of the factual basis ofsuch action. This matter is no longer considered a politicalquestion and may be raised in an appropriate proceeding byany citizen. Moreover, the Supreme Court must decide thechallenge within thirty days from the time it is filed. 9. Martial law does not automatically suspend the privilege of the writ of habeas corpus or the operation of the Constitution. The civil courts and the legislative bodies shall remain open. Military courts and agencies are not conferred jurisdiction over civilians where the civil courts are functioning.
    • 10. The suspension of the privilege of the writ of habeascorpus shall apply only to persons facing charges ofrebellion or offenses inherent in or directly connectedwith invasion.11. Any person arrested for such offense must bejudicially charged therewith within three days.Otherwise he shall be released.
    • Section Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant19 reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress. Pardoning Power- the president may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.
    • Pardon- is an act of grace which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committedParole- is when the prisoner is released fromimprisonment but his liberty is not fullyrestored because the parolee is stillconsidered in the custody of the lawalthough he is not in confinement
    • Commutation- is a reduction or mitigation of the penaltyReprieve- is merely a postponement of asentence to a date certain, or a stay ofexecution Amnesty- is an act of grace given with the concurrence of the Congress
    • Kinds of Pardon:Pardon may be classified into-1. Absolute or conditional2. Plenary or partial Limitations: 1. It cannot be granted in case of impeachment 2. It cannot be granted in cases of violations of election laws without the favorable recommendation of the Commission on Elections 3. It can be granted only after conviction of final judgment 4. It cannot be granted in cases of legislative contempt or civil contempt 5. It cannot absolve the convict of civil liability 6. It cannot restore public offices forfeited
    • The President may contract or guarantee foreign loans onSection behalf of the Republic of the Philippines with the prior20 concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall, within thirty days from the end of every quarter of the calendar year, submit to the Congress a complete report of its decision on applications for loans to be contracted or guaranteed by the Government or government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law.Borrowing Power- the president maycontract or guarantee foreign loans onbehalf of the Republic of thePhilippines with prior concurrence ofthe Monetary Board
    • Diplomatic Power- the president isthe spokesperson of the nation onexternal affairs. He may deal withforeign states andgovernments, extend or withholdrecognition, maintain diplomaticrelations, enter into treaties, andtransact business on foreignrelations.
    • Thank You!!!!!! 