ARTICLE 7. EXECUTIVE BRANCH

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ARTICLE 7. EXECUTIVE BRANCH

  1. 1. ARTICLE 7. EXECUTIVE BRANCH
  2. 2. The Executive Branch Charged with the execution and administration of a country’s laws In general, the executive branch sets the direction of national policy
  3. 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. 4. Qualifications • • • • 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. 5. Term of Office Election • The President and VicePresident 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) 1.)Regular – Second Monday of May, every six years 2.)Speciala.) Death, Disability, Removal from office or Resignation b.) Vacancies occur more than eighteen months before next election c.) A law passed by congress
  6. 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. 7. Salaries  President Shall receive an annual salary of three hundred thousand pesos (Php 300,000). Vice – President Two hundred forty thousand pesos.
  8. 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. 9. SEAL OF THE VICE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES
  10. 10. Presidential Succession(Sec 7-8) 2 sets of rule: a.) Occuring before the term b.) Occuring mid-term
  11. 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. 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 as President? •CONGRESS SHALL BY LAW PROVIDE FOR THE MANNER IN WHICH ONE WHO IS TO ACT AS PRESIDENT SHALL BE SELECTED UNTIL A PRESIDENT OR A VP SHALL HAVE QUALIFIED.
  13. 13. THE EXECUTIVE DEPARTMENT VACANCY DURING THE TERM •Death, permanent disability, removal from office, or resignation of the President VP SHALL become President
  14. 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. 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 the SP 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. 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. 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 THE VACANCY OCCURS WITHIN 18 MONTHS BEFORE THE DATE OF THE NEXT PRESIDENTIAL ELECTION. Removal of the President: Impeachment. Sec. 2&3, Art. XI
  18. 18. Prohibitions and Inhibitions 1. 2. 3. 4. No increase in salaries during the term. Shall not receive emoluments Shall not hold any other office. 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. 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. 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. 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. 22. 2. Power of Appointment • 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.
  23. 23. 2. Power of Appointment 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
  24. 24. 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: 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 Foreign Affairs 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
  25. 25. 2. Power of Appointment 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 public safety.
  26. 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 Appointments or until the next adjournment of the Congress.
  27. 27. Kinds of presidential appointments (required to be submitted to the Commission on Appointments) • 1. Regular appointments • 2. Ad interim appointments
  28. 28. 1. Regular appointments Nomination by the President Consent by the Commission on Appointments Appointment by the President
  29. 29. 2. Ad interim appointments • Voluntary- before the adjournment • Compulsory- when Congress adjourns
  30. 30. Kinds of appointment in the career services: • Permanent • Temporary or acting
  31. 31. Steps in the appointing process: APPOINTMENT ACCEPTANCE
  32. 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. 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. 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. 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. 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. 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 • Does not supersede civilian authority.
  38. 38. 4. Military Powers 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
  39. 39. 4. Military Powers Constitutional Limitations of Martial LaW And the suspension of privilege of Habeas Corpus: Ways 60 days, unless extended by • Not more than to lift proclamation or congress suspension: I. By the President himself • President to report to congress within 48 hours II. Revocation by Congress III. Nullification by to revoke Court • Authority of the congress the Supremeor extend IV. By operation of law after 60 days • Authority of the Supreme Court to inquire of the factual basis for such action
  40. 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. 41. Powers of President as Commander-inChief 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. 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. 43. Power to suspend privilege of writ of habeas corpus • There must be invasion or rebellion • The public safety must require the suspension
  44. 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. 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. 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. 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 law inflicts.
  48. 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. 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. 50. 5. Pardoning Power(Sec.19) 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.
  51. 51. 5. Pardoning Power(Sec.19) 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.
  52. 52. Kinds of pardon • Absolute • Conditional
  53. 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. 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. 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. 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. 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. 58. Authority to contract and guarantee foreign loans • 1. Exclusive executive function • 2. Concurrence of Monetary Board required • 3. Checks by Congress
  59. 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. 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. 61. Steps in treaty- making Negotiation • Approval or ratification
  62. 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. 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 Address
  64. 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

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