EXECUTIVE DEPARTMENT

Learning Objectives: At the end of this chapter, students should be able to:

1. Discuss the nature of the executive department

2. Illustrate the different kinds of executive
3. State the qualifications, privileges, powers and duties of the president
4. Recognize the role of the executive in nation-building and progress

The Philippine government has three branches namely executive, legislative and judicial
branch. Executive is the branch which enforces the law, while legislative branch makes,
alters or repeal laws, the judicial branch interprets the laws and decides cases submitted
before them.

The three branches of the government follow the principle in political philosophy called the
Doctrine of Separation of Powers. The principle states that the branches should be kept
distinct and independent; each of them acts as a check on the others. It also states that one
branch should not possess the entire power of the other branches.

Branches can also check one another to prevent abuses and balance the control of power in
the government. It is known as the principle of check and balance.

The origin of this doctrine came from Montesquieu in his book the Spirit of the Laws. His idea
tells us that a power should be a check to a power. According to Montesquieu:

“When legislative and executive powers are united in the same person or in the same body of
persons there is no liberty because of the danger that the same monarch of the same senate
may make tyrannical laws, and execute them tyrannical. Nor again, there is liberty if the
judicial power is not separated from the legislative and the executive. If it were joined to the
legislative power, the power over the life and liberty of the citizens would be arbitrary, for any
judge would be the lawmaker. If it were joined to the executive power, the judge would have the
force of an oppressor.”
The term executive refers to a single leader or group of officials in the executive department
who are authorized to enforce the law. Under the Philippine constitution, the executive
power is vested in the President of the Philippines.

There are several kinds of executive around the world. The following kinds of executive are
discussed as follows:

1. Real executive- also known as the actual executive, he is one who exercise the executive
functions in both fact and theory. In a presidential form of government, the president is
the real executive while in a parliamentary form, the prime minister is said to be the real
executive.

2. Titular executive- is known as the ceremonial executive is one who is sovereign only in
symbol. Like the monarchs of contemporary times. Queen Elizabeth II of Britain and
Emperor Akihito of Japan are examples of such. They reign as monarchs but they do not
govern or control the affairs of the government. A titular executive is a mere figurehead.

3. Hereditary executive- is one who obtains his office through inheritance and bequeaths
it, in case of death or abdication to his heir.

4. Elective executive- these are executives who hold power as a result of a political activity
known as elections.

1. Appointive executive- In colonies and dependencies, the executives are generally of the
appointive type. The governor-general of the Philippines during the Spanish era is
appointed by the King of Spain. At the time of the American occupation, the governor-
generals were appointed by the American president. In the case of Hong Kong (a British
colony until 1997) is appointed by the British government.

6. Single executive- it means that only one person holds and wields the executive power.
The prevailing practice among modern nations is that of having a single executive.
7. Plural executive- is one in which more than one person or a body of persons exercises
the executive power. An outstanding example of this one is modern Switzerland. In this
country, the executive power is vested in a council of seven persons called the Executive
Council. The members rotate the title of President of the Confederation who performs the
ceremonial duties of the executive office.

PRESIDENT OF THE PHI LIPPINES

The president of the Philippines and Vice president are elected by a direct vote of the people
through a political process called election. The qualifications of the president under
(Article VII sec. 2 of the 1987 Philippine constitution) are as follows:

1. a natural born citizen of the Philippines

2. at least 40 years of age on the day of election

3. a registered voter

4. able to read and write

5. a resident of the Philippines for at least 10 years immediately preceding the day of
elections

TERM: The term of the president is six years without re-election.

Distinction between Term and Tenure

Term- means the period during which the elected officer is legally authorized to assume
his office and exercise the powers thereof.

Tenure- is the actual period during which such officer actually held his position.
PROHIBITIONS: The following are prohibitions on the president and vice president

 Hold any other office or employment during tenure

 Shall not directly or indirectly, practice any other profession or participate in any
business
 Shall not be financially interested in any contract with, or any franchise or special
privilege granted by the government or any subdivision, agency or instrumentality.
Including government owned and controlled corporations or their subsidiaries
 Cannot appoint the spouse and relatives by consanguinity or affinity within the fourth
civil degree during his tenure as members of the Constitutional Commissions, or the
Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of
bureaus or offices.

PRESIDENTIAL SUCCESSION: The following are the instances wherein the Vice-president
can become president to serve the unexpired term (Article VII sec. 8)

 Death
 Permanent Disability
 Removal from office (by impeachment)
 Resignation

POWERS OF THE PRESIDENT

Being the Chief executive of the Republic of the Philippines, the president exercises several
powers to effectively carry out his duties. The following powers are discussed:

1. Executive power (Article VII sec. 1) - it is the power to administer the laws and enforce

their due observance.

2. Appointing power (Article VII sec. 16) -the power to nominate and appoint certain

officials in the government.

3. Power of removal (Article VII sec. 16) - it is implied in the power to appoint with which

he may remove incapable and dishonest officials of the government

4. Controlling power (Article VII sec. 17) - the power of the president as an administrative

head to see to it that every department, bureau, and office under him is managed and

maintained properly by the person in charge of it. It also meant the power to change, alter

or modify, nullify or set aside what a subordinate has done in the performance of his

duties.

1. Military power (Article VII sec. 18) - it is the power of the president as the Commander-

in-chief of the Armed Forces. It also authorizes the president to declare martial law and

suspend the privilege of the writ of habeas corpus, subject to limitations by the

constitution.

6. Pardoning power (Article VII sec. 19) - the power of the president to grant pardon and

other acts of clemency like commutation, reprieve, and amnesty. Pardon may be absolute

and conditional.

7. Borrowing power (Article VII sec. 20) - it is the power granted to the chief executive to

contract loans in behalf of the Republic of the Philippines.

8. Diplomatic power (Article VII sec. 21) - it is the power of the president to represent the

Philippines in other countries being the head of state. It also allows the president to enter

into treaties and international agreement with other countries.

9. Budgetary power (Article VII sec. 22) - the president is entrusted by the constitution with

the task of preparing the budget of receipts and expenditures to be submitted to the

Congress.

10. Informing power (Article VII sec. 23) - The President shall address the Congress at the

opening of the regular session, he can also appear before it anytime.

11. Other powers- There are other powers in the constitution which are vested to the

president like the power to disapprove bills passed by congress known as veto power

(Article VI, sec. 27 par. 1) and power to supervise local governments (Article X sec. 4).

The presidential palace or more popularly known as the Malacañan Palace is the
official residence of the Chief Executive of the Republic of the Philippines.