The Executive Branch is charged with executing and administering the country's laws. The executive power is vested in the President of the Philippines. The President must be a natural born citizen, registered voter, able to read and write, at least 40 years old, and a resident of the Philippines for at least 10 years prior to election. The President serves a 6-year term and cannot be re-elected. The President has various powers including executive power, power of appointment, power of removal, military powers, pardoning power, and budgetary power. Succession goes to the Vice President if the President is unable to serve, and then to congressional leaders if both offices are vacant.

1. ARTICLE 7. EXECUTIVE
BRANCH

2. The Executive
Branch
Charged with the execution and
administration of acountry’s laws
In general, the executive branch sets
the direction of national policy

3. EXECUTIVE
POWER
• It is the power to enforce and administer
the laws (Cooley, Constitutional Limitation, 8th ed.,
p. 183)
• The executive power is vested in the
President of the Philippines (Art. VII, Sec. 1)

4. Qualification
s
• Natural Born Citizen
• A Registered Voter
• Able to Read and Write
• Atleast 40 years of age on the
day of election
• Resident of the Philippines for atleast
ten years immediately preceding the
election.

5. Term of
Office
• The President and Vice-
President shall be elected
by the people for six (6)
years. (Art. VII, Sec 4(1)
• Shall not be eligible for
any re-election
• No Person who has
succeded as President
xxx for more than 4 years
shall be qualified xxx (Art.
VII, Sec 4)
Election
1.)Regular – Second
Monday of
May, every six years
2.)Special-
a.) Death, Disability,
Removal from office or
Resignation
b.) Vacancies occur more
than eighteen months
before next election
c.) A law passed by
congress

6. “I, do solemnly swear that I will faithfully and
conscientiously fulfill my duties as President of
the Philippines, preserve and defend its
Constitution, execute its laws, do justice to
every man, and consecrate myself to the service
of the Nation. So help me God.”

7.  President
Shall receive an annual salary of three
hundred thousand pesos (Php 300,000).
Vice – President
Two hundred forty thousand pesos.
Salaries

8. Vice-
President
• Qualifications are same with
the President.
• Eligible for the position of member
of the Cabinet(no need for CA
confirmation)
• Allowed to serve for two
successive terms.

9. SEAL OF THE VICE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES

10. Presidential
Succession(Sec
7-8)
2 sets of rule:
a.) Occuring before
the term
b.) Occuring mid-
term

11. THE EXECUTIVE DEPARTMENT
RULES ON SUCCESSION
Vacancy at the beginning of the term:
•Death or permanent disability of the President-elect
•VP-elect shall become President
•President-elect fails to qualify
•VP-elect shall ACT as president until the President-elect
shall have qualified.
•President shall not have been chosen:
•VP-Elect shall ACT as president until a President shall
have been chosen & qualified.

12. THE EXECUTIVE DEPARTMENT
No President and VP chosen or qualified, or both have died or become
permanently disabled:
•SENATE PRESIDENT in an acting capacity
•In case of inability
•SPEAKER OF THE HOUSE in an acting capacity
•Until a president or a VP shall have been chosen and
qualified.
IN THE EVENT OF INABILITY OF BOTH, who shall ACT asPresident?
•CONGRESS SHALL BY LAW PROVIDE FOR THE MANNER
IN WHICH ONE WHO IS TOACTAS PRESIDENT SHALL BE
SELECTED UNTIL A PRESIDENT OR A VP SHALL HAVE
QUALIFIED.

13. THE EXECUTIVE DEPARTMENT
VACANCY DURING THE TERM
•Death, permanent disability, removal from office, or resignation
of the President
VP SHALL become President

14. THE EXECUTIVE DEPARTMENT
Death, permanent disability, removal from office, or resignation of President
AND Vice president:
•Senate President – acting capacity
•IN CASE OF INABILITY
•Speaker of the House – acting capacity
Until a President or VP shall be elected and qualified.
•Congress, by law, shall provide for the manner which one is to act as
President in the event of inability of the officials mentioned above.

15. THE EXECUTIVE DEPARTMENT
TEMPORARY DISABILITY
•When the President TRANSMITS to the SP and the SH
•Written Declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to
them a written declaration to the contrary: such powers and
duties shall be discharged by the VP as ACTING President.
•Majority of ALL the Members of the CABINET TRANSMIT to theSP
and SH:
•Written Declaration that the P is unable to discharge the
powers and duties of his office
•VP IMMEDIATELY assumes the powers and duties of the
Office as ACTING PRESIDENT
•President transmits Written Declaration that NO inability exists,
•Reassume the powers of the office of the President

16. THE EXECUTIVE DEPARTMENT
Should a majority of the CABINET MEMBERS transmit within 5
days to the SP and SH
Written declaration that the P is unable to discharge the powers
and duties of his office, CONGRESS SHALL DECIDE THE ISSUE.
Congress shall convene, if not in session, within 48 hours.
Within 10 days from receipt of last written declaration or, if not in
session, within 12 days after it is required to assemble, Congress
determines by a vote of 2/3 vote of both Houses voting Separately,
that the president is unable to discharge the powers and duties of
his office, the VP shall act as President, otherwise, the President
shall continue exercising the powers and duties of his office.

17. THE EXECUTIVE DEPARTMENT
Constitutional Duty of Congress in case of vacancy in the
offices of the President and the VP:
•At 10AM of the 3rd day after the vacancy occurs, Congress
shall convene w/o the need of a call, and within 7 days, enact
a law calling for a special election to elect a President and VP
to be held not earlier than 45 nor later than 60 daysfrom the
time of such call.
NO SPECIAL ELECTION SHALL BE CALLED IF THEVACANCY
OCCURS WITHIN 18 MONTHS BEFORE THE DATE OF THE
NEXT PRESIDENTIAL ELECTION.
Removal of the President: Impeachment. Sec. 2&3, Art. XI

18. 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)

19. POWERS OF THE
PRESIDENT
1.) Executive Power
2.) Power of
Appointment
3.) Power of Removal
4.) Power of Control
5.) Military Powers
6.) Pardoning Power
7.) Borrowing Power
8.) Diplomatic Power
9.) Budgetary Power
10.)Informing Power
11.)Residual Power
• Other Powers

20. 1. Executive
Power
• President shall have the control of all
executive departments, bureaus, and
offices. He shall ensure that laws are
faithfull executed (Art. VII, Sec.17)
• 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)

21. 2. Power of
Appointment
• Selection by the authority vested with the
power, of an individual who is to exercise
the functions of a given office.
• Kinds of Presidential
Appointment(Sec.15)
• Appointment made by an Acting President
• Midnight Appointment
• Regular Presidential Appointment
• Ad-Interim Appointment

22. • APPOINTMENT – the act of designation
by the executive officer, board, or body to
whom the power has been delegated, of
the individual who is to exercise the
functions of a given office.
2. Power of
Appointment

23. Sec.
14.
Appointments extended by an Acting
President shall remain effective, unless
revoked by the elected President within
ninety days from his assumption or
reassumption of office.
Acting President:
• Exercises the powers & functions of the Office of the President
• NOT the incumbent President
• has not become a President to serve the unexpired portion of the term
2. Power of
Appointment

24. 1. Executive Secretary
2. Secretary of Agrarian Reform
3. Secretary of Agriculture
4. Secretary of Budget and Management
5. Secretary of Education
6. Secretary of Energy
7.Secretary of Environment and Natural
Resources
8. Secretary of Finance
9. Secretary of ForeignAffairs
10.Secretary of Health
11. Secretary of Justice
12. Secretary of Labor and Employment
13. Secretary of National Defense
14.Secretary of Public Works and
Highways
15. Secretary of Science and Technology
16. Secretary of Social Welfare and
Development
17.Secretary of the Interior and Local
Government
18. Secretary of Trade and Industry
19.Secretary of Transportation and
Communications
20. Secretary of Tourism
21. Commission on Higher Education
21. Director General of the National
Economic and Development Authority
Not all Cabinet members, however, are subject to
confirmation of the Commission on
Appointments.
According to the Commission of Appointments
website, the following need confirmation in order
to assume their posts:

25. Sec. 15.
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
2. Power of
Appointment

26. 2. Power of
Appointment
Sec. 16.
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 consul, 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 department, agencies,
commissions, or boards.
The President shall have the power to make the
appointments during the recess of the Congress whether
voluntary or compulsory, but such appointments shall be
effective only until disapproval by the Commission on

27. Kinds of presidential appointments
(required to be submitted to the
Commission on Appointments)
• 1. Regular appointments
• 2. Ad interim
appointments

28. 1. Regular
appointments
Nomination by
the
President
Consent by the
Commission
on Appointments
Appointment by the
President

29. 2. Ad interim
appointments
• Voluntary- before the adjournment
• Compulsory- when Congress
adjourns

30. Kinds of appointment in the
career services:
• Permane
nt
• Temporary or
acting

31. Steps in the appointing
process:
APPOINTME
NT
ACCEPTAN
CE

32. Kinds of
Acceptance:
• Express- when done verbally or in writing; and
• Implied- when, without formal acceptance, the
appointee enters upon the exercise of the duties
and functions of an office.
DESIGNATION- simply the mere imposition of new
or additional duties upon an officer already in the
government service (or any other competent
person) to temporarily perform the functions of an
office in the executive branch when the officer
regularly appointed to the office is unable to
perform his duties or there exists a vacancy

33. 3. Power of
Removal
• General Rule: This power is
implied from the power to
appoint(Cruz)
• Exception – Those appointed by
him where the Constitution
prescribes certain methods for
separation from public service.

34. 3. Power of
Control
• Control – The power of an officer to alter,
modify, nuillify, or set aside what a
subordinate officer had done in the
performance of his duties and to substitute
the judgement of the former for that of the
latter.
• Supervision – Overseeing or the power or
authority of an officer to see that
subordinate officers perform their duties.
If the latter fail or neglect to fulfill them, then
the former may take such action or steps as
prescribed by law to make them perform
these duties.

35. Doctrine of Qualified
Political Agency or Alter
Ego Principle
The multifarious executive and
administrative functions of the
Chief Executive are performed
by and through the executive
departments.
The acts of the Secretaries of
Executive departments xxx in the
regular course of business or
unless dispproved xxx are
presumptively the acts of the
Chief Executive.

36. 4. Military
Powers
1.) Commander-in-Chief clause
• To call out the Armed Forces to prevent
or suppress lawless violence, invasion
or rebellion(whenever it becomes
neccessary);
• Vested directly by the Constitution
• Authority to declare a state of rebellion
• Military Tribunals are simply
instrumentalities of the executive power
provided by the legislature for the
Commander-in-Chief to aid him in
enforcing discipline in the armed forces.

37. 4. Military
Powers
2.) Suspension of writ of Habeas Corpus
– A writ directed to the person detaining another,
commanding him to produce the body of the
prisoner at a designated time and place xxx the
object of which is the liberation of those who may be
in prison without sufficient cause.
– Ground for suspension: invasion, rebellion,
when public safety requires it
Effects of suspension of Writ:
• does not affect the right to bail
• Applies only to persons facing charges of
rebellion
• The arrested must be charged within 3
days; if not they must be released

38. 3.) Martial LAW
– Grounds for declaration: Invasion and
Rebellion
• The following cannot be done:
– Suspend the operation of the Constitution
– Supplant the function of the civil courts
and legislative assemblies
– Violate Open Court Doctrine(civilians cannot be
tried by military courts if the civil courts are open
and functioning)
– Automatically suspend the writ of Habeas
Corpus
4. Military
Powers

39. Constitutional Limitations of Martial LaW
And the suspension of privilege of Habeas
Corpus: y
• Not
more
congres
s
• Presiden
t
• Authorit
y
than 60 days, unless
extended b
to report to congress within 48
h of the congress to revoke
or exte
our
s
nd
• Authority of the Supreme Court to inquire of
the
factual basis for such
action
Ways to lift proclamation
or suspension:
I. By the President himself
II. Revocation by Congress
III. Nullification by the Supreme
Court
IV.By operation of law after 60 days
4. Military
Powers

40. Military power of the
President
• 1. Powers to meet emergency situations
– A. to call out the armed forces to
prevent or suppress lawless violence
– B. to suspend the privilege of the writ of
Habeas Corpus
– C. to declare martial law
• Commander- in- Chief of the Armed
Forces

41. Powers of President as
Commander-in- Chief of the
Armed Forces
o Not a member of the Armed Forces
o Not subject to court martial or
military discipline
o Has control of the military
organization and personnel
o Has the power to callout the
armed forces to prevent
suppress lawless violence

42. However, even in a state of martial law
military courts and agencies have no
jurisdiction over civilians where civil
courts are able to function.
In event of war, the President, normally,
would delegate the actual command of
the armed forces to his military experts.
But the ultimate command belongs to him

43. Power to suspend privilege of writ
of habeas corpus
• There must be invasion or
rebellion
• The public safety must require the
suspension

44. Meaning of martial
law
• 1. It includes all laws that have reference to
and are administered by the military forces
of the state.
– A. the military law proper
– B. the rules governing the conduct of military
forces in times of war and in places under
military occupation.
2. It is the law which has application when the
military arm does not supersede civil authority
but is called upon to aid it in the execution of
its vital functions.

45. Restriction on the exercise of the
two powers
• 1. there must be invasion or rebellion and public safety
requires the proclamation or suspension
• 2. the duration should not exceed 60 days unless extended by
congress upon the initiative of the President
• 3. the President must submit a report in person or in
writing to Congress within 48 hours from the
proclamation or suspension
• 4. the proclamation or suspension may be revoked by majority
vote of all members of Congress voting jointly which
revocation shall not be set aside by the President.
• 5. the Supreme Court may inquire into the sufficiency or
factual basis of the proclamation or suspension.
• 6. the effects of a state of martial law are clearly spelled out,
to
define the extent of the martial power.

46. Effects of a state of martial
law
• 1. Operation of the Constitution
• 2. Functions of civil courts and
legislative assemblies
• 3. Jurisdiction of military courts and
agencies
• 4. Privilege of the writ of habeas corpus

47. 5. Pardoning
Power
The pardoning power extends to all
offenses, including criminal contempt
(disrespect to or disobedience to a court
which amounts to a crime). It does not
give the President the power to exempt,
except from punishment, anyone from
the law.
Pardon- Act of grace which exempts
individual from punishment which the

48. 5. Pardoning
Power(Sec.19)
As to effect:
a.)Plenary or b.)Partial
As to presence of condition:
a.)Conditional Pardon or
b.)Absolute Pardon

49. 5. Pardoning
Power(Sec.19)
Amnesty – A general pardon to
rebels for their treason or political
offence; it so overlooks and
obliterates the offnse with which
he is charged.
Person released by amnest
stands before the law precisely as
though he had committed no
offense.

50. Other forms of Executive Clemency:
• Reprieve- postponement of the execution of a
death sentence to a certain date.
• Commutation- reduction of the sentence imposed
to a lesser punishment, as from death to life
imprisonment. It may be granted without the
acceptance and even against the will of the
convict.
• Pardon- 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 law inflicts for a crime he
has committed.
5. Pardoning
Power(Sec.19)

51. Other forms of Executive Clemency:
• Parole – release from imprisonment, but
without full restoration of liberty(in
custody of law although not in
confinement
• Remission of fines and forfeiture – Prevents
the collection of fines and confiscation of
forfeited property; cannot affect rights of
third party and money already in the
treasury.
5. Pardoning
Power(Sec.19)

52. Kinds of
pardon
• Absolute
• Condition
al

53. Limitations upon pardoning
power
• 1. It may not be exercised for
offenses in impeachment cases
• 2. It may be exercised only after
conviction by final judgement
• 3. It may not be exercised over civil contempt
• 4. In case of violation of election law or rules
and regulations, no pardon, parole, or
suspension of sentence may be granted
without the recommendation of the
Commission on Elections.

54. Effects of
Pardon
• 1. It removes penalties and disabilities and
restores him to his full civil and political
rights.
• 2. It does not discharge the civil liability of
the convict to the individual he has
wronged as the President has no power
to pardon a private wrong.
• 3 It does not restore offices, property, or
rights vested in others in consequence of
the conviction.

55. • Remission- prevents the collection of
fines or the confiscation of forfeited
property.
• Amnesty- an act of the sovereign power
granting oblivion or a general pardon for a
past offense usually granted in favor of
certain classes of persons who have
committed crimes of a political character,
such as treason, sedition, or rebellion.

56. Pardon and amnesty
distinguished
• 1. Pardon is grated by the President alone after
conviction, while amnesty with the concurrence of
Congress before or after conviction
• 2. Pardon is an act of forgiveness, while amnesty is
the act of forgetfulness.
• 3. Pardon is grated for infractions of the peace of the
State, while amnesty, for crimes against the
sovereignty of the State.
• 4. Pardon is a private act of the President which must
be pleaded and proved by the person who claims to
have been pardoned, while amnesty by proclamation
of the President with the concurrence of Congress is a
public act of which the courts will take judicial notice.

57. 6. Borrowing Power(Sec.
20)
• The President may contract or guarantee
foreign loans on behalf of the Republic with
the concurrence of the Monetary Board,
subject to such limitations as may be
provided by law.
• The Monetary board shall submit to the
Congress report on loans within 30 days
from the end of every quarter.

58. Authority to contract and
guarantee foreign
loans
• 1. Exclusive executive function
• 2. Concurrence of Monetary Board
required
• 3. Checks by Congress

59. 7. Diplomatic
Power(sec.21)
• No treaty or international agreement shall be valid
and effective unless concurred in by atleast 2/3 of
all the Members of the Senate
• The power to ratify is vested in the President, subject
to the concurrence of the Senate.
Other foreign affairs powers:
a.) power to make treaties
b.) the power to appoint ambassadors, public ministers,
and consuls
c.) power to receive ambassadors and other public
ministers d.) Deportation Power

60. • Treaty- compact made two or more states,
including international organizations of
states, intended to create binding rights
and obligations upon the parties thereto.

61. Steps in treaty-
making
Negotiatio
n
• Approval
or
ratification

62. 8. Budgetary
Power
• Within 30 days from the opening of
every regular session, President shall
submit to Congress a budget or
expenditures and sources of financing,
including receipts from existing and
proposed revenue measure.
• Congress may not increase the
appropriation recommended by the
President for the operation of the
Government as specified in the budget.

63. 9. Informing
Power
• The President shall
address Congress at the
opening of its regular
session. He may also
appear before it at any
other time.
• The information may be
needed for the basis of
legislation(Cruz)
• The President usally
discharges the informing
power through what is known
as the State of the Nation

64. Other
Powers
a.) Call to Congress to a special
session b.) Approve or veto bills
c.) Deport Aliens
d.) Consent to deputization of
government personnel by COMELEC
and discipline them e.) Exercise
emergency(war, law, limited,
necessary) and Tariff powers
f.) Power to classify or reclassify lands