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.
Executive Power
It is the power to enforce and
administer the laws.
PRESIDENT: Executive
Qualifications of the President
and Vice President
 Natural Born Citizen of the Philippines
 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.
Vice - President
- Qualifications are same with the
President.
- Eligible for the position of member of
the Cabinet.
- Allowed to serve for two successive
terms.
TERM OF OFFICE
- The President and Vice – President
shall be elected by the people for 6
years.
- Shall begin at noon on the 30th day of
June and shall end at noon of the same
date 6 years thereafter.
- Shall not be eligible for any re –
election
ELECTION
1. Regular – 2nd Monday of May, every 6
years
2. Special –
a. Death, Disability, Removal from office
or Resignation
b. A law passed by Congress
ELECTION
 President of the Senate – receives the
certificates of canvass
1. System of Direct – voting
- system of direct popular election of the
President.
2. Election by Congress in Case of a Tie
- vote of a majority of all the members of
Congress in session assembled.
“I, do solemnly swear (or affirm) 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.”
Official Residence and
Compensation
of the President and Vice President
- Shall be determined by law
SALARIES
President:
- Shall receive an annual salary of three
hundred thousand pesos (Php 300,000).
Vice – President
- Two hundred forty thousand pesos.
Presidential Succession
Two sets of rule:
A. Occuring before the
term
B. Occuring mid-term
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.
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.
VACANCY DURING THE TERM
•Death, permanent disability,
removal from office, or
resignation of the President
- VP SHALL become President
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
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.
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
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
POWERS OF THE PRESIDENT
1.) Executive Power 6.) Pardoning Power
2.) Power of Appointment 7.) Borrowing Power
3.) Power of Removal 8.) Diplomatic Power
4.) Power of Control 9.) Budgetary Power
5.) Military Powers 10.)Informing Power
11.)Residual Power
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.
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.
Other Forms of Executive
Clemency
Reprieve
Commutation
Pardon
Parole
Remission of fines and forfeiture
Kinds of Pardon
Absolute
Conditional
Pardon and Amnesty
Distinguished
Borrowing Power
• 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.
Authority to contract and
guarantee foreign loans
1. Exclusive executive function
2. Concurrence of Monetary
Board required
3. Checks by Congress
Diplomatic Power
Treaty - compact made two or more
states, including international
organizations of states, intended to
create binding rights and
obligations upon the parties
thereto.
Steps in treaty
Negotiation
Approval or ratification
Budgetary Power
No treaty or international
agreement shall be valid and
effective unless concurred in
by atleast 2/3 of all the
Members of the Senate .
Informing Power
The President shall address
Congress at the opening of its
regular session. He may also
appear before it at any other
time.

Article vii-executive-department

  • 2.
    The Executive Branch Chargedwith the execution and administration of a country’s laws. In general, the executive branch sets the direction of national policy.
  • 3.
    Executive Power It isthe power to enforce and administer the laws. PRESIDENT: Executive
  • 4.
    Qualifications of thePresident and Vice President  Natural Born Citizen of the Philippines  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.
    Vice - President -Qualifications are same with the President. - Eligible for the position of member of the Cabinet. - Allowed to serve for two successive terms.
  • 6.
    TERM OF OFFICE -The President and Vice – President shall be elected by the people for 6 years. - Shall begin at noon on the 30th day of June and shall end at noon of the same date 6 years thereafter. - Shall not be eligible for any re – election
  • 7.
    ELECTION 1. Regular –2nd Monday of May, every 6 years 2. Special – a. Death, Disability, Removal from office or Resignation b. A law passed by Congress
  • 8.
    ELECTION  President ofthe Senate – receives the certificates of canvass 1. System of Direct – voting - system of direct popular election of the President. 2. Election by Congress in Case of a Tie - vote of a majority of all the members of Congress in session assembled.
  • 9.
    “I, do solemnlyswear (or affirm) 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.”
  • 10.
    Official Residence and Compensation ofthe President and Vice President - Shall be determined by law SALARIES President: - Shall receive an annual salary of three hundred thousand pesos (Php 300,000). Vice – President - Two hundred forty thousand pesos.
  • 11.
    Presidential Succession Two setsof rule: A. Occuring before the term B. Occuring mid-term
  • 12.
    RULES ON SUCCESSION Vacancyat 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.
  • 13.
    No President andVP 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.
  • 14.
    VACANCY DURING THETERM •Death, permanent disability, removal from office, or resignation of the President - VP SHALL become President
  • 15.
    TEMPORARY DISABILITY •When thePresident 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.
    Should a majorityof 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.
    Constitutional Duty ofCongress 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
  • 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
  • 19.
    POWERS OF THEPRESIDENT 1.) Executive Power 6.) Pardoning Power 2.) Power of Appointment 7.) Borrowing Power 3.) Power of Removal 8.) Diplomatic Power 4.) Power of Control 9.) Budgetary Power 5.) Military Powers 10.)Informing Power 11.)Residual Power
  • 20.
    Pardoning Power - Thepardoning 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.
  • 21.
    Amnesty – anact 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.
  • 22.
    Other Forms ofExecutive Clemency Reprieve Commutation Pardon Parole Remission of fines and forfeiture
  • 23.
  • 24.
  • 25.
    Borrowing Power • ThePresident 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.
  • 26.
    Authority to contractand guarantee foreign loans 1. Exclusive executive function 2. Concurrence of Monetary Board required 3. Checks by Congress
  • 27.
    Diplomatic Power Treaty -compact made two or more states, including international organizations of states, intended to create binding rights and obligations upon the parties thereto.
  • 28.
  • 29.
    Budgetary Power No treatyor international agreement shall be valid and effective unless concurred in by atleast 2/3 of all the Members of the Senate .
  • 30.
    Informing Power The Presidentshall address Congress at the opening of its regular session. He may also appear before it at any other time.