The document discusses the powers and functions of the President of the Philippines as the head of the executive branch. It outlines that the President enforces laws, sets national policy direction, and serves as both head of state and government. Key powers of the President include appointment and removal of officials, executive clemency, diplomacy, military command as Commander-in-Chief, and budget proposal. The President oversees the faithful execution of laws through subordinate executive departments and officials.
Philippine Constitution - Article VII - Executive DepartmentJohn Paul Espino
Article 7 - VII - Executive Department of the Philippines
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
Philippine Constitution - Article VII - Executive DepartmentJohn Paul Espino
Article 7 - VII - Executive Department of the Philippines
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
Executive Power
Vested in the President of the Philippines. The President is elected by popular vote. The principal workplace of the President is the Malacañang Palace in San Miguel, Manila. The executive branch is currently headed by President Rodrigo Duterte. The President is also the Commander-in-Chief of the Armed Forces of the Philippines.
Introduction
Definition
Location
Composition
Qualification of President
Electoral college
Oath
Terms of office of President
Presidential Powers
Authorities of President
Duties of President
Removal of President
Conclusion
Executive Power
Vested in the President of the Philippines. The President is elected by popular vote. The principal workplace of the President is the Malacañang Palace in San Miguel, Manila. The executive branch is currently headed by President Rodrigo Duterte. The President is also the Commander-in-Chief of the Armed Forces of the Philippines.
Introduction
Definition
Location
Composition
Qualification of President
Electoral college
Oath
Terms of office of President
Presidential Powers
Authorities of President
Duties of President
Removal of President
Conclusion
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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