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Executive Power CZN

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EXECUTIVE

Is the part of government that enforces law, and has


responsibility for the governance of a state.In political
systems based on the principle of separation of powers,
authority is distributed among several branches
(executive, legislative, judicial)—an attempt to prevent
the concentration of power in the hands of a single
group of people.

Executive power is the power to execute laws and rule


the country as chief executive, administering the affairs
of government (Nolledo, 1996). The president heads the
executive branch. The vice-president replaces the
president when the latter dies, is permanently disabled,
or is removed from office or resigns. The president and
vice-president are elected by a direct vote of the people
and may only be removed by impeachment. The former
is limited to one 6-year term, while the latter is
prohibited from serving for more than two successive 6-
year terms.

THE EXECUTIVE BRANCH OF THE PHILIPPINES

Section 1, Article II of the Constitution of the


Republic of the Philippines declares that the country
is “a democratic and republican state” and that all
government authority emanates from the people.
Three equal branches of government exist—
executive, legislative, and judicial—and operate
under the doctrine of separation of powers and a
system of checks and balances. Executive power is
vested in the president. Legislative power is vested in
a bicameral Congress that consists of the House of
Representatives and the Senate. Judicial power is
vested in the Supreme Court and such lower courts
as may be created by law. The branches of
government are examined in the following sections.
Constitutional commissions, and local governments
and autonomous regions are also included for us to
better understand the system of accountability which
is already in place as provided by the 1987
constitution.

Qualifications of President and Vice President

The President of the Philippines is elected by direct vote


by the people for a term of six years. He may only serve
for one term, and is ineligible for reelection. The term of
the President of the Philippines starts at noon of the
30th day of June after the election

The qualifications for an individual aspiring to become


the President of the Philippines are outlined in Article
VII, Section 2 of the 1987 Constitution. According to the
constitution, an individual may become President
provided he meets the following criteria:
1. natural born Filipino;
2. a registered voter;
3. must be able to read and write;
4. 40 years of age at the day of the election; and
5. must have resided in the Philippines ten years
before the election is held.

Powers of the President


Besides the constitution, the powers of the President of
the Philippines are specifically outlined in Executive
Order No. 292, s. 1987, otherwise known as the
Administrative Code of 1987. The following powers are:
1. Power of control over the executive branch

2. Power ordinance power

3. . Power over aliens

4. Powers of eminent domain, escheat, land reservation


and recovery of ill-gotten wealth

5. Power of appointment

6. Power of general supervision over local governments

7. Other powers

8. Power to nominate, appoint, and remove officials

9. Budgetary and fiscal power

10. Military power

11. Pardoning power


12. Control over all executive departments, bureaus, and
officers.

The Vice President of the Philippines is elected by direct


vote by the people for a term of six years, and may run
for reelection once. The term of the Vice President of
the Philippines starts at noon of the 30th day of June
after a regular election is held.

The qualifications for aspirants to the Office of the Vice


President is outlined in Article VII, Section 3. According
to the constitution, the qualifications for the President is
the same for the Vice President.

The 1987 Constitution


In rejection of the practices and case law that developed
around Marcos era martial law, the 1987 Constitution
provides that a state of martial law does not suspend
the operation of the Constitution, nor supplant the
operation of the courts or of the legislature, nor deprive
the courts of jurisdiction.

The 1987 Constitution established a representative


democracy with power divided among three separate
and independent branches of government: the
Executive, a bicameral Legislature, and the Judiciary.

Its goal is to secure the sovereignty of the State and the


integrity of the national territory. (section 4) The prime
duty of the Government is to serve and protect the
people.

When democracy was restored in 1986, the 1973


Constitution was replaced by the first freedom
constitution, also known as Proclamation No. 3,s. 1986,
then our current constitution, the 1987 Constitution.
This constitution came into full force and effect on
February 11, 1987, after President Corazon C.

The preamble of the Constitution provides that we


should establish a Government which shall “conserve
and develop our patrimony”. Our “patrimony” includes
our public forests, mangroves, wildlife, and flora and
fauna which should be conserved, protected and
renewed.

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