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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
OF THE PRESIDENT
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
1. Natural Born Citizen
2. A Registered Voter
3. Able to Read and Write
4. At least 40 years of
age on the day of
election
5. Resident of the
Philippines for at least
ten years immediately
preceding the
election.
ELECTION
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)
Prohibitions and Inhibitions
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)
EXECUTIVE POWER
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.
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
KINDS OF OFFICIALS THE PRESIDENT MAY
APPOINT
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
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
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
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.
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
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”
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
SECTION 22
Executive Agreements
international agreements embodying 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

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478350241-EXECUTIVE-DEPARTMENT-pptx.pptx

  • 1.
  • 2. 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.
  • 3. 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
  • 4. QUALIFICATIONS OF THE PRESIDENT 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 1. Natural Born Citizen 2. A Registered Voter 3. Able to Read and Write 4. At least 40 years of age on the day of election 5. Resident of the Philippines for at least ten years immediately preceding the election. ELECTION
  • 5. 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) Prohibitions and Inhibitions
  • 6. 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) EXECUTIVE POWER
  • 7. 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.
  • 8. 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 KINDS OF OFFICIALS THE PRESIDENT MAY APPOINT
  • 9. 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
  • 10. 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
  • 11. 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
  • 12. 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
  • 13. 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
  • 14. 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
  • 15. 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.
  • 16. 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
  • 17. 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
  • 18. 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
  • 19. 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”
  • 20. 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:
  • 21. 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
  • 22. 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
  • 23. BUDGETARY POWER SECTION 22 Executive Agreements international agreements embodying adjustments of detail carrying out well-established national policies and traditions and those involving agreements of a more or less temporary nature
  • 24. 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
  • 25. 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