Executive department

The Executive Department
and Powers of the
President
Constitutional Law 1

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)

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.

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
Oath of office
Before they enter the execution of their office, the
President and Vice-President shall take the oath or
affirmation

Oath- an outward pledge made under an
immediate sense of responsibility to God(Cruz,
2002)
“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.”

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.

Presidential
Succession(Sec 7-8)
2 sets of rule:
a.) Occuring before the term
– Death/Permanent Disability
– Failure to elect the President
– Failure to qualify
b.) Occuring mid-term
– Death/Permanent Disability
– Removal
– Resignation

Estrada vs Desierto ;
Estrada v. Macapagal-
Arroyo
Held:
• Resignation of Estrada cannot be doubted.
In the press release containing his final statement, (1) he acknowledge the oath
taking of Arroyo; (2) emphasize leaving the palace; (3) expressed gratitude for the
opportunity to serve; (4) he will not shrink from any future challenges; (5) called on
his supporters to promote a national spirit of reconciliation and solidarity. Certainly,
the national spirit of reconciliation and solidarity could not be attained if he did not
give up the presidency. The press release was his valedictory, his final act of
farewell.
• The Congress had, by resolution, formally
recognized GMA as the constitutional successor of
Joseph Estrada by reason of his resignation as
President.

Privileges
1.) Presidential Immunity
• Immunity from suits during
incumbency.
2.) Executive Privileges
– Right of the President to
withold information from
Congress, the Courts, and the
Public (Sec.2(a) of E.O. 464)

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)

Civil Liberties Union v.
Executive Secretary
Held:
• The prohibition of public officials from holding ANY office or
employment is absolute, all-embracing, and is particular to the
President, VP, Cabinet Members, their undersecretaries, and
assistant secretaries as such was the intention of the framers of the
Constitution.
• Cabinet members and their deputies may only hold other office
when expressly authorized by the constitution.
• Prohibition against the holding of any other office xxx does not
comprehend additional duties and functions required by the
primary functions of the officials concerned who are to perform
them in an ex-officio capacity as provided by law.

POWERS
OF THE
PRESIDEN
T
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

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)

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

Power of Appointment
• Appointments Requiring
the consent of the
Commission on
Appointments(VII, Sec.16)
• A.) Heads of executive
departments(except VP)
• B.) Ambassadors and
other public ministers and
consuls
• C.) Officers of the AFP
from the rank of colonel
or naval captain
• D.) Officers whose
appointments are vested
in him by the Constitution
Appointments without the
need of CA Confirmation
• Those vested by the
Constitution on the
President alone
• Appointments that are not
otherwise provided by law
• Those authorized by law to
appoint
• Officers lower in rank
whose appointment is
vested by law in the
President Alone
Procedure
1.) Nomination by the
President
2.) Confirmation by the CA
3.) Issuance of commission
4.) Acceptance by the
Appointee

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
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:

In Re: Hon. M.A.
Valenzuela and
Hon.P.B. Vallarta
• Held: No. The provisions on Article VIII simply
means that the President is required to fill
vacancies in the courts within the time frames
provided.
• Art. VII Sec. 15 is directed against two types of
appointments: (1) those for buying votes and (2)
those made for partisan considerations.
• Vote-buying: Giving or promising any office or
employment in order to induce anyone to vote for
or against any candidate.
Issue: May the President make
appointments to the judiciary (Art
VIII, Sec. 4 and 9) during the period of the
ban imposed by Sec.15

Sarmiento III v. Mison
Held:
No. It is the clear and expressed intent of the framers
of the 1987 Constitution that presidential
appointments except those mentioned in the first
sentence of Sec 16, ART VII, are NOT subject to
confirmation by the COA.
Does the appointment of Mison as
Commissioner of the Bureau of
Customs require the confirmation
of COA?

Calderon v Carale
Held:
• No. Appointments as Chairman and members of
the NLRC does not require confirmation by COA.
(falls w/in the second sentence of sec.16, those
whom the President may be authorized by law to
appoint)
• R.A. 6715 was declared unconstitutional for
amending by legislation ART. VII Sec.16 in imposing
the confirmation of COA on appointments which
are otherwise entrusted only with the President.
Is confirmation by COA
required for the appointments
of Chairman and
Commissioners of the
NLRC?

Bautista v.
Salonga
Held:
• No. The position of Chairman of CHR is not among the
positions mentioned in the first sentence of Sec.16 ART VII.
Such appointment is to be made without review or
participation of the CoA
• Also, it cannot be impressed that the new appointment of
Bautista was an ad interim. Ad interim appointments do not
apply to appointments solely for the President to make.
• Appointments as Chairman and members of the
Commission of Human Rights does not require confirmation
by Commission on Appointment
Does COA have the authority to review
the appointments made by the
President to the Commission of Human
Rights?

Quintos Deles v. Commission
on Constitutional
Commissions
Held:
• Yes. Sectoral reps to the House of Reps are among
the “other officers whose appointments are vested
in him in the Constitution.
• Appointment as sectoral representative (during
the transition period) in the House of Reps
requires confirmation by CoA.
• Futhermore, Deles’ appointment was ad interim
pursuant to Sec.16(2) ART VII. Implicit therefore is
the recognition by the Pres. That Deles’
appointment requires confirmation by the COA.
Is confirmation by
COA required for
the appointment
of sectoral reps
to the House of
Reps.

Manalo v Sistoza
Held:
• The SC held that the appointments are valid. It is well-
settled that only presidential appointments belonging
to the first group require the confirmation by the
Commission on Appointments.
• The police force is different from and independent of
the armed forces and the ranks in the military are not
similar to those in the Philippine National
Police. Thus, directors and chief superintendents of
the PNP, such as the herein respondent police
officers, do not fall under the first category of
presidential appointees requiring the confirmation by
the Commission on Appointments
Whether or not the
appointment of the PNP
officers who were promoted
as Chief Superintendent and
Directors w/o confirmation of
the CA valid.

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.

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.

Drilon v Lim
Held:
• No. Sec.187 only authorizes Drilon to review only the
constitutionality or legality of the tax ordinance and
revoke it on either grounds.
• An officer in control lays down the rules in the doing of
an act.
• A supervisor or superintendent merely sees to it that
the rules are follower, but he himself does not lay
down such rules, nor does he have the discretion to
modify or replace them. If the rules are not observed,
he may order the work done or re-done but only to
conform with the prescribed rules.
Does sec.187 of the
LGC give the Sec. of
Justice the power of
control and not merely
of supervision?

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.

Villena vs Secretary of the
Interior
Held:
• Yes. Though there is no clear and express grant of
power to the Sec. of Interior to suspend a Municipality
Mayor under investigation, the power is expressly
lodged unto the President under the Administrative
Code.
• The acts of the department secretaries, performed and
promulgated in the regular course of business, are, unless
disapproved or reprobated by the President, presumptively
the acts of the President.(Doctrine of Qualified Political
Agency)
Does the Sec. of Interior
have the authority to decree
the suspension of Mayor
Villena?

Lacson-Magallanes Co., Inc. V.
Paño
Held:
• Yes. Under the Constitution, the President has control
of all executive departments.
• Implicit then is his authority to go over, confirm,
modify, or REVERSE the action taken by his
department secretaries.
• It is not correct to say that the President may not
delegate to his Exec. Sec. certain acts.
• The rule is where the Exec. Sec. acts “by authority of the
Pres.”, his decision is that of the president and only the
President may rightfully disapprove or reprobate it and say
that the Exec. Sec. is not authorized to do so.
May the executive secretary, acting
by the authority of the President,
reverse a decision of the Director of
Lands affirmed by the Sec. of
Agriculture and Natural Resources?

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.

Integrated Bar of the Phils.
V. Zamora
Held:
• No. The participation of the Philippine Marines
constitutes a permissible use of military assets for
civilian law enforcement.
• The President is not only clothed with extraordinary
powers in times of emergency, but is also tasked with
attending to the day-to-day problems of maintaining
peace and order and ensuring domestic tranquility in
times when no foreign foe appears on the horizon.
• Wide discretion, within the bounds of law, in fulfilling
presidential duties in times of peace is not in any way
diminished by the relative want of an emergency
specified in the commander-in-chief provision.

Guanzon v De Villa
Held:
• NO! The President may NOT order police actions
violative of human rights under the pretext of Art. VII,
Sec 18.
• Though nothing in the Constitution denies the authority of
the Chief Executive to order police actions to stop
criminality, lawlessness, and alarming communist activities;
all police actions are governed by the limitations of the Bill
of Rights.
May the police conduct such drives
in violation of human rights under
the pretext of Sec.18(preventing or
suppressing lawless violence,
invasion or rebellion)

Ruffy v. Chief of Staff
Held:
• No. The error arose in failure to perceive the nature of
court martials and the sources of authority for their
creation.
• Court Martials are simply instrumentalities of the executive
power provided by Congress for the President as
Commander-in-Chief. Their only object: to aid the President
in commanding and enforcing discipline in the Armed
Forces.
• Petition is dismissed because unlike court of law, they are
not a portion of the judiciary.
Whether or not the 93rd Article of
War contravenes Art. VIII Sec.2(4)
having no review made by the SC.

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.

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

Olaguer v. Military
Commission No.34
Held:
• No. The trial contemplated by the due process clause
of the Constitution is a trial by judicial process, not by
executive or military process.
• Judicial power cannot be the function of the Executive
Department through the military authorities
• Whether or not martial law has been proclaimed
throughout the country or over a part thereof, military
commissions or tribunals have no jurisdiction to try civilians
for alleged offense when the civil courts are open and
functioning.
Do Military Commissions have
jurisdiction to try civilians for
offenses allegedly committed during
martial law when civil courts are
open and functioning?

Military Powers
Constitutional Limitations of Martial LaW
And the suspension of privilege of Habeas Corpus:
• Not more than 60 days, unless extended by
congress
• President to report to congress within 48 hours
• Authority of the congress to revoke or extend
• 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

Pardoning Power(Sec.19)
Pardon- Act of grace which exempts
individual from punishment which
the law inflicts.
As to effect:
a.)Plenary or b.)Partial
As to presence of condition:
a.)Conditional Pardon or b.)Absolute
Pardon

Torres v Gonzales
Held:
• No. Conviction by final judgment is not necessary to
recommit a conditional pardonee alleged to have breach his
condition. The terms and conditions of a conditional
pardon are purely executive acts which are not subject
to judicial scrutiny. Due process of law would NOT be
violated.
Is due process clause violated in
recommitting a conditional pardonee
without having been convicted by
final judgement?

Monsanto v Factoran Jr.
Held:
• No. Having accepted the pardon, Monsanto is deemed to
have abandoned her appeal; and her unreversed conviction
by the Sandiganbayan assumed the character of finality.
• Pardon implies guilt
• It involves forgiveness not forgetfulness
• It frees the individual from all the penalties and legal
disabilities and restores him to all his civil rights, but,
UNLESS grounded on innocence, does not wash out the
moral stain;
• cannot preempt the appointing power although it restores
eligibility.
Is a convicted public officer who has
been granted an absolute pardon by
the President entitled to
reinstatement without the need of a
new appointment?

People v. Salle, Jr.
Held:
• No. The clause in Art. VII, Sec.19 of the Constitution
“conviction by final judgment” limitation mandates that no
pardon may be extended before a judgment of conviction
becomes final.
• Where appeal is pending, it must first be withdrawn to
bring the conviction to finality.
• In the present case, the conditional pardon granted to the
petitioner-appellant shall be deemed to take effect only
upon the grant of withdrawal of his appeal.
May a pardon be enforced while
appeal is pending?

Garcia v.
Chairman, Commission on
Audit
Held:
• Yes. If the pardon is based on the innocence of the
individual, it affirms this innocence and makes him a
new man and as innocent as if he had not been found
guilty of the offense charged thereby restoring to him
his clean name xxx prior to the finding of guilt.
• The executive clemency, ipso facto, reinstated him and that
automatic reinstatement also entitles him to back wages.
Is Garcia entitled to back wages
having been granted executive
clemency based on his innocence?

Sabello v. DECS
Held:
• No. Sabello was lawfully separated from the govt
service upon his conviction for an offense.
• Although his reinstatement to another position had been
duly authorized, it did not thereby entitled him to back
wages.
• Such right is only afforded to those who have been illegally
dismissed and were thus ordered reinstated or to those
otherwise acquitted of the charge against them.
Is Sabello entitled to back wages
having been granted absolute
pardon?

Llamas v. Orbos
Held:
• Yes, but only to those in the executive department.
• Executive clemency may be extended to those convicted
not only in criminal but also in administrative cases(not
including the judicial and legislative)
• Administrative cases are clearly less serious than criminal
offenses.
• Evident also from the intent of the Constitutional
Commission that that the President’s executive clemency
powers may not be limited in terms of coverage except as
provided in the Constitution.
Does the President have the power
to grant executive clemency in
administrative cases?

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.

Other forms of executive clemency:
• Commutation – reduction or mitigation of
penalty
• Reprieve – postponement of sentence or stay of
execution
• 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.

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.

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

Commissioner of Customs
v. Eastern Sea Trading
Held:
• No. The concurrence of the Senate is required by our
Constitution in the making of “treaties”, which are,
however, distinct and different from “executive
agreements”
• Executive agreements may be validly entered into and
become binding through executive actions without such
concurrence.
Is the concurrence of the Senate
required before entering
international “executive
agreements”?

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.

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

Marcos v. Maglapus
Held:
The powers of the President cannot be said to
be limited only to the specific powers enumerated in
the Constitution. Executive power is more than the
sum of specific powers so enumerated.
Residual unstated powers of the President are
implicit in and correlative to the paramount duty
residing in that office to safeguard and protect
general welfare.
The President xxx has unstated residual power
xx which are necessary for her to comply with her
duties.
Residual Power

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

Executive department

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