The Executive and

Executive Process
Gerona Group
Executive Power

 Executive power includes, first, the power to implement and

administer the law, and second, other powers necessary to
carry out the same.
 That executive power is given to the President alone which
makes him the most potent official in the government.
Doctrine of Qualified Political Agency

 While executive power is given only to the President, the

President can appoint “Members of his Cabinet” whom the
law considers as his “alter egos” (extensions of himself).
 The Cabinet Members are political agents of the President
who help him discharge his powers and duties.
PRESIDENTIAL
PRIVILAGES
Presidential Privilege

 Refers to an immunity or privilege granted to the President

intended for the effective performance of his executive
functions and duties.
Immunity

 The president is granted the privilege of immunity from suit

and executive privilege.
A

 Immunity from suit means that the President cannot be

sued, if he invokes such privilege, for any civil or criminal
action during his tenure.
B

 Executive privilege refers to the power of the President to

withhold confidential information from the other branches
of the Government and the public.
 Conversations and correspondence between the President
and the public officials (covered by E.O. 464)
 Military, diplomatic and other national security matters
which in the interest of national security should not be
divulged
 Information between inter-government agencies prior to the
conclusion of treaties and executive agreements
 Discussion in close-door Cabinet meetings
 Matters affecting national security and public order
Qualifications, Manner
of Election, and Term
Qualifications

 Section 2, Article VII of the Constitution provides the

qualifications of a President, to wit;
 (i) He must be a natural-born citizen of the Philippines
 (ii) A registered voter
 (iii) Able to read an write
 (iv) At least forty years of age on the day of the election
 (v) A resident of the Philippines for at least ten years
immediately preceding such election
Manner of Election

 He is elected at large by the direct vote of all qualified

citizens.
Term

 His term is six years, for which he cannot seek for

reelection. He may be removed from office through
“impeachment”.
The Vice-President

 Section 3, Article VII states that the Vice-President has “the

same qualifications and term of office as the President.
 The Vice-President may serve two consecutive terms.
Presidential Succession

 Section 7 and Section 8, Article VII prescribe the rules for

presidential succession or the manner of filling a vacancy in
the presidency.
 These rules are important because they provide immediate
remedy for filling the vacancy in the highest and most
crucial seat of the land.
Succession at the Start of the Term

 Section 7, Article VII, the rule is;

 (a) The Vice-President becomes the Acting President in the vent that
the President-elect fails to qualify, or when no President was chosen
 (b) The Vice-President becomes the President in the vent that the
President-elect dies or becomes permanently disabled
 (c) The Senate President or, in case of his inability, the House
Speaker, becomes the Acing President on the vent that no President
and Vice President are chosen or qualified, or where both died or
become permanently disabled. In the first case, the Vice-President
acts as President until a President-elect is qualified and chosen. In
the second case, the Vice-President does not only act as President but
becomes the President. And in the third case the Senate President or,
in his inability the House Speaker acts as President until a President
or a Vice-President are chosen and qualified
No Presidential Hold-Over

 Note well that the former President, whose term already

expired, has no right of “hold-over”. So as not to repeat the
dictatorship of the past, the Constitution is strict with the
six0year term limit. NO extensions are allowed, not even in
a hold-over capacity. Thus, if no President assumes office
after the lection, the former President is not allowed to
continue discharging the functions of the presidency.
Succession at the Mid-Part of the Term

 Under Section 8, Article VII, the rule is:

 (a) The Vice-President becomes the President of the
unexpired term in case of the latter’s death, permanent
disability, removal from office, or resignation
 (b) If the same happens to both the President and the Vice-
President, then the Senate President or, in case of his
inability, the House Speaker, will act as President until the
President or Vice-President will be elected and qualified.
Vacancy in the Office of the Vice-
President
 If the Office of the Vice-President is vacant as a
consequence of presidential succession the President shall
nominate a Vice-President from among the Members of
Congress who shall assume office upon confirmation of the
Members of Congress.
Temporary Disability of the President

 (a) The President himself through a written declaration

transmitted to the Senate President and House Speaker, in
which case the Vice-President becomes the Acting President
 (b) Majority of Cabinet Members through a written
declaration transmitted to the two officials, in which case
the Vice-President becomes the acting President
 (c) 2/3 vote of both Houses of Congress voting separately, in
case there is a dispute between the President and the
Cabinet Members, in wchich case the Vice-President also
becomes the Acting President
 Inhibitions and
Disqualifications
 The subjects of the inhibitions and disqualifications are:
 Increase in their salaries and Emoluments
 The holding of other offices
 Appointment of relatives
 Midnight appointment
Inhibition on Salary

 The Congress fixes by law the salaries of the President and

Vice-President. The salaries cannot be decreased during
tenure, but the same can be increased. The increase takes
effect only after the expiration of the term of the President
and Vice-President during whose term the increase was
approved.
Disqualification on Holding Other Offices

 They cannot also receive during their tenure any other compensation
or allowances from the Government or any other source. The reason
for this is that they cannot hold any other office or employment,
unless otherwise provided in the Constitution.
 It should be noted that the Vice-President can be appointed as
Member of the Cabinet and his appointment need not go through the
Commission on Appointments.
Prohibition against Appointment of
Relatives
 Nepotism is prohibited by the Constitution. Nepotism
happens when the President, during his tenure, appoints his
spouse and relatives by consanguinity or affinity within the
fourth civil degree as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of bureaus
or offices, including government-owned or controlled
corporations and their subsidiaries.
Prohibition against Midnight
Appointments
 Midnight appointments refers to presidential appointment
after election but before assumption to office of the next
President. Section 15, Article VII provides that “two months
immediately before the next presidential elections and up to
the end of his term, a President or Acting President shall not
make appointments.”
 The purpose of the prohibition is to avoid using the
Presidency for partisan considerations and for vote buying.
Powers of the President
Powers of the President

 The President of the Philippines has specific powers

provided in the constitution, to wit:
 (1) Appointing power
 (2) Power of control and supervision
 (3) Military Power
 (4) Pardoning power
 (5) Diplomatic Power
 (6) Residual Power
 (7) Delegated Power
 (8) Veto Power
Power of Appointment

 Appointment is one mode of putting a person in office in

which an appointing authority selects a person to discharge
the functions of an appointive office.
Types of Appointments

 (i) Appointment by an Acting President

 (ii) Temporary appointment
 (iii) Regular appointment
 (iv) Ad interim appointment
 Appointment by an Acting President may be revoked by the
elected President.
 Temporary appointment is an appointment made prior a
presidential election that is subject to a possible
cancellation or revocation of the President-elect.
 Regular appointment is presidential appointment made with
or without the consent of the Commission on Appointments
 Ad interim appointment is the appointment made during the
recess of the Congress.
Appointments Requiring Confirmation

 Section 16, Article VII:

 The department secretaries, ambassadors, other public
ministers and consuls
 Officers of the armed forces from the rank of colonel or naval
captain
 Other officers whose appointments are vested in him in the
Constitution
 All other officers of the Government whose appointments are
not otherwise provided by law, and those whom he may be
authorized by law to appoint
 The heads of departments, agencies, commissions, boards,
those lower in rank in the President.
Power of Control and
Supervision
 Power of control refers to the power of the
President, being the Chief Executive, to alter,
modify or set aside the acts of hos subordinates
and substitute his judgment for that of the latter.
 Thepower supervision refers to the authority to
oversee a subordinate officer and to see to it that
he performs his functions and duties in
accordance with law.
Military Powers
Military Power

 The power includes:

 (a) Calling-out power
 (b) Power to suspend the privilege of the writ of habeas
corpus
 (c) Power to declare
President as Commander-in-Chief

 Section 18, Article VII states that the President is the

Commander-in-Chief of the armed forces of the Philippines,
and whenever it becomes necessary, he may call out such
armed forces to prevent or suppress lawless violence,
invasion or rebellion.
Suspension of the Privilege of Habeas
Corpus
 Section 18, Article VII also expressly gives the President the
power to suspend the privilege of the writ of habeas corpus.
 Habeas corpus is a special proceeding which provides speedy
remedy for the immediate release of an unlawfully detained
person.
Martial Law

 Martial law, within the Constitutional context, means

temporary military rule especially declared not to replace
civilian authority but to help it recover in case of invasion or
rebellion, and when public safety requires it.
Pardoning Power
 The pardoning power of the President refers to the exercise
of executive clemency. It includes:
 (a) Pardon
 (b) Commutation
 (c) Reprieve
 (d) Parole
 (e) Amnesty
Pardon

 Is an act of grace which exempts an individual from serving

his sentence or punishment which the law inflicts for the
crime he committed.
Commutation

 Refers to reduction or mitigation of the penalty.

Reprieve

 Refers to the postponement of sentence or stay of

execution.
Parole

 Is an act of grace by the President extended to groups of

persons who committed political offenses.
Diplomatic Powers
Diplomatic Powers

 The President has diplomatic powers because, as the head of

the State, he is the spokesman of the nation on matters of
external affair.
Residual Powers
Residual Powers

 He has unstated powers called “residual powers” which are

implied from the grant of executive powers and necessary
for the exercise of his duties under the Constitution.
Delegated Powers
Delegated Powers

 As previously discussed , the Congress can delegate

legislative powers to the President, among which are
emergency powers (Section 23(2), Article VII) and tariff
powers (Section 28(2), Article VI)
Veto Powers
Veto Power

 If he thinks that a bill enacted by Congress should be

disapproved, he exercises his veto power and returns the
same with his objections to the House if origin.