EXECUTIVE DEPARTMENT

 The executive power shall be vested in the President of the Philippines. (Sec.1)
 Qualifications for the President and the Vice President (Sec. 2 and 3) NARRA
a. Natural-born citizen
b. Able to read and right
c. Registered voter
d. Resident of the Philippines for at least 10 years immediately preceding the election
e. At least 40 years of age on the day of election
 Election (Sec. 4)
a. Regular election – 2nd Monday of May
b. Canvassing board – Congress
c. Presidential Electoral Tribunal – Supreme Court
 Term of Office (Sec. 4)
a. President – YOLO (You Only Lead Once) – No person who has succeeded as President and has
served as such for more than 4 years shall be qualified for election to the same office at any time.
b. Vice President – no more than 2 successive terms
c. Pres. and VP terms – 6 years for the purpose of synchronization of elections
 Oath of Office (Sec. 5)
Order of importance in the oath:
a. Preserve and defend its Constitution
b. Execute its laws
c. Do justice to every man
d. Consecrate myself to the service of the Nation
 Privileges (Sec. 6)
a. Official residence of the President
b. Salary – determined by law, shall not be decreased during tenure; increase is applied after the
incumbent’s term during which such increase was approved
c. Additional privileges from jurisprudence:
 Immunity from suit – removed in the 1987 Const., but found in In Re: Bermudez (1986)
- while the President is immune from suit, he may still institute a suit
- can’t be invoked by the President after his tenure for the civil damages from his acts that
were not performed in the exercise of official duties while he was president
- can’t be invoked by alter ego (department secretary)
 Executive privilege
- The President and high-level executive branch officials’ right to withhold information
from the Congress, the Courts and, ultimately, the people
- Coverage:
a. State secrets – disclosure would subvert military affairs
b. Informers – non-disclosure of identities of persons who give information
c. Generic Principles for International Deliberation
- 2 kinds: PCP – DPP – from In Re: Sealed Case, Nixon, and Judicial Watch
a. Presidential Communications Privilege – contains president’s decisions in oral,
written, or any other form
 Elements of PCP:
1. Relates to a quintessential and non-delegable presidential power
2. The communication is solicited and received by an advisor within operational
proximity
3. It is a qualified privilege that may be overcome by a showing of adequate need, such
that the information sought “likely contains important evidence” and by the
unavailability of the information elsewhere by an appropriate investigating authority

b. Deliberative Process Privilege – contains opinions, recommendations, and

deliberations during the making of gov’t decisions and policies
 Prohibitions
a. Pres. and VP shall not receive any other emoluments (compensation) from the government or any
other source (Sec. 6)
b. Pres., VP, Cabinet Members, and their deputies or assistants shall not hold any other office or
employment (Sec. 13)
- Exceptions:
1. VP – may be appointed to the Cabinet w/o confirmation by the Commission on
Appointments (Sec. 3)
2. Chief Justice – ex-officio Chairman of Judicial and Bar Council (Sec. 8, Art. VIII)
3. Secretary of Justice – ex-officio member of JBC (Sec. 8, Art. VIII)
c. –insert people in b.-- shall not, directly or indirectly: (Sec. 13)
1. Practice any other profession
2. Participate in any business
3. Be financially interested in any contract with, or in any franchise, or special privilege granted
by the government
d. –insert people in b.-- shall strictly avoid conflict of interest in the conduct of their office (Sec. 13)
e. Shall not appoint the President’s spouse and relatives by consanguinity or affinity within the 4th
civil degree as members of:
1. Member of the Constitutional Commissions
2. Office of the Ombudsman
3. Secretaries
4. Undersecretaries
5. Chairmen or heads of bureaus or offices, including GOCC’s and their subsidiaries
 Succession
a. Vacancy at the beginning of the term (Sec. 7)
CAUSE SUCCESSION
Pres.-elect fails to qualify VP-elect shall act as president until the Pres.-
elect shall have qualified
Pres. not chosen VP-elect shall act as president until a Pres. is
chosen and qualified
Pres. died or became permanently disabled VP-elect becomes Pres.
No Pres./VP was chosen or qualified, or both have President of the Senate or, in case of his
died or become permanently disabled inability, the Speaker of the House of
Representatives, shall act as president until a
Pres. or a VP shall have been chosen/qualified.
 In the event of death, permanent disability, or
inability of the officials mentioned, Congress
shall provide for the manner in which one who
is to act as Pres. until a Pres. or VP shall have
qualified.

b. Vacancy during the term (Sec. 8)

CAUSE
Pres.’s death, permanent disability, removal from
office, resignation
Pres. and VP’s death, permanent disability,
removal from office, resignation
SUCCESSION
VP becomes the Pres.
PotS or, in case of his inability, the SotHoR,
shall act as president until a Pres. or a VP shall
have been elected/qualified.
In the event of death, permanent disability, or
resignation of the officials mentioned,
Congress shall provide who shall serve as
president until the Pres. and VP have been
elected and qualified.

c. Vacancy in the VP’s office during the term (Sec. 9)

- President nominates from among the Members of the Senate and the House of
Representatives; whoever wins by majority vote of all the members of the houses voting
separately shall assume office upon confirmation

d. Temporary Disability (Sec. 11)

CAUSE SUCCESSION
Pres. transmits a written declaration to PotS and VP discharges powers and duties as
SotHoR that he is unable to discharge the powers Acting President
and duties of his office
Cabinet Members transmits their written
declaration to PotS and SotHoR that the Pres. is
unable to discharge the powers and duties of his
office
Pres. transmits a written declaration to PotS and Pres. reassumes powers and duties
SotHoR that no inability exists
Majority of the Cabinet Members transmit their Congress decides w/in 10 days (in session) or
written declaration to PotS and SotHoR within 5 12 days (not in session, convenes w/in 48
days that the Pres. is unable to discharge the hours) who should discharge the powers and
powers and duties of his office duties
2/3 votes of both Houses voting separately: VP
shall act as president
Otherwise: Pres. continues
 Constitutional duty of Congress when Pres. and VP’s offices are vacant (Sec. 9)
1. Congress convenes at 10 AM of the 3rd day after vacancy occurs without need of a call
2. Enact a law within 7 days for a special election to elect a Pres. and VP to be held within 45-60 days
from the time of such call
 3. The bill shall be certified and shall become a law upon its approval on the 3rd reading of Congress

* Convening of Congress and special election can’t be suspended

* No special election if vacancy occurs within 18 months before the next presidential election

 Powers of the President

1. Executive Power (Sec. 1 Art. VII)

2. Appointments (Sec. 16 Art. VII)

a. Appointment – selection, by authority vested with the power, of an individual who is to
exercise the functions of a given office
- Classifications:
PERMANENT TEMPORARY
- Extended to persons possessing the qualifications - Given to persons without eligibility
and requisite eligibility - No security of tenure; revocable at will and
- Protected by security of tenure without necessity of just cause or a valid
investigation, and replaceable

REGULAR AD INTERIM (in the mean time)

- made by the President while Congress is in
session
- takes effect after confirmation by the
Commission on Appointments
- once approved, appointee continues until the
end of term; can’t be withdrawn
- is nominated
- made by the President while Congress is not in
session
- takes effect immediately, but resolutory
(conditional, subject to disapproval)
- ceases to be valid if disapproved by the
Commission on Appointments or upon the next
adjournment of Congress
- is appointed

- Persons the President may appoint

a) Provided by Constitution
 Heads of the executive departments (except VP)
 Ambassadors and other public ministers and consuls
 Officers of the armed forces from the rank of Colonel to Naval Captain
 Other officers whose appointments are vested in him in the Constitution
(i.e. Members of the Constitutional Commission, 4 regular members of the JBC)
b) Officers whose appointments are not provided by law
c) Vested by Congress

- Steps:
1) Nomination by the President
2) Confirmation by the Commission on Appointments
3) Issuance of the commission
4) Acceptance by the appointee

- Constitutional Limitations:
 Nepotism (Par. 2 Sec. 13) – refer to e. of Prohibitions
 Appointments by Acting Pres. shall remain effective unless revoked by Elected Pres.
within 90 days from his assumption of office (Sec. 14 Art. VII)
  A Pres. or Acting Pres. shall not make appointments 2 month immediately before the
presidential elections except temporary appointments to executive positions when
continued vacancies therein will prejudice public service or endanger public safety.
(Sec. 15)

b. Designation – imposition of additional duties, usually by law, on a person already in public

service
c. Commission – written evidence of appointment

3. Power of Removal (implied from Sec. 16 Art. VII) – implied from the power of appointment

4. Power of Control (Sec. 17 Art. VII)

CONTROL SUPERVISION
- power of an officer to alter, modify, nullify or set
- overseeing; power or authority of an officer to
aside what a subordinate officer had done in the
see that subordinate officers perform their duties,
performance of his duties , and to substitute his
and if the latter fails or neglects to fulfil them, then
judgment for that of the latter’s the former may take such action or steps as
prescribed by law to make them perform those
duties
- over executive departments, bureaus, and - over local governments (Sec. 4 Art. X)
offices

- Doctrine of Qualified Political Agency (Magallanes vs. Pano)

Recognizes that:
1. All executive and administrative organizations are adjuncts of the Executive
Department
2. The heads of the various executive departments are assistants and agents of the Chief
Executive
3. The acts of the secretaries of such departments, performed and promulgated in the
regular course of business, are, unless disapproved or reprobated by the Chief
Executive, presumptively the acts of the Chief Executive.

5. Military Powers (Sec. 18 Art. VII)

CALL OUT ARMED SUSPENSION OF THE MARTIAL LAW
FORCES PRIVILEGE OF THE WRIT OF
HABEAS CORPUS
Grounds - lawless violence - invasion, when public safety requires it
- invasion - rebellion, when public safety requires it
- rebellion
Political question  X [Justiciable Question – Lansang doctrine]
IBP vs. Zamora Lagman vs. Medialdea –ML proclamations are sui generis
Duration - 60 days; following which, it shall be lifted by Congress
Procedure 1. President reports action to congress personally or in
writing within 48 hours.
2. Congress may revoke or extend effectivity of
proclamation by a majority vote or all its members voting
jointly
 3. SC may review in an appropriate proceeding filed by
any citizen the sufficiency of the factual basis of the
suspension/proclamation
4. SC must promulgate decision within 30 days from filing
- does not impair the right to bail
- suspension applies to those judicially charged for
rebellion or offenses inherent in or directly connection
with invasion
- any person arrested shall be judicially charged within 3
days; otherwise, released
* Olaguer Doctrine – Even during Martial Law, military courts cannot try civilians when civil courts are able
to function.

6. Pardoning Power (Sec. 19 Art. VII)

DEFINITION
Pardon act of grace which exempts the individual on whom is it bestowed from
punishments; cannot be granted on disciplined judges as this is encroachment
on the power of the SC; classified as (1) Plenary or Partial, or (2) Absolute or
Conditional
Communation reduction or mitigation of the penalty
Reprieve postponement of execution of the death penalty
Parole release from imprisonment, but without full restoration of liberty
Amnesty act of grace concurred with by the legislature which totally extinguishes criminal
liability of those who admit their guilt of the offense covered by such
proclamation; usually extended to groups of persons who committed political
offenses; no need for conviction by final judgment
Limitations: Exercise of such powers cannot be granted…
a. cannot be granted In impeachment cases
b. cannot be granted In cases of violation of election laws without the favourable
recommendation of the COMELEC
c. can be granted after conviction by final judgment
d. cannot be granted In cases of legislative or civil contempt
e. cannot absolve the convict of civil liability
f. cannot restore public offices forfeited
AMNESTY PARDON
For political offenses For infractions of peace of the State
On classes of persons On individuals
No need for distinct acts of acceptance Acceptance necessary
Requires concurrence of Congress President’s decision only
Public act which the courts may take judicial Private act which must be pleaded and proved
notice of
Looks backward and puts in to oblivion the offense Looks forward and relieves the pardonee of the
consequences of the offense
Monsanto vs. Factoran: Pardonee is not entitled to Llamas vs. Orbos: Pardon is also available to one
reinstatement or back-wages because the pardon guilty of administrative offense, there is no
only extinguishes the penalty, but she is still a distinction by the constitution.
convict.
 7. Borrowing Power (Sec. 20 Art. VII)
The President may contract of guarantee foreign loans on behalf of the RP with the prior concurrence of
the Monetary Board, subject to limitations under the law. MB shall, within 30 days from the end of every
quarter, submit to the Congress a complete report of its decisions on applications for loans which would
have the effect of increasing foreign debt.

8. Diplomatic Power (Sec. 21 Art. VII)

No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all
the members of the Senate.
TREATY INTERNATIONAL AGREEMENT
Involves political issues or changes of national Adjustments of details carrying out well-
policy established national policies and traditions
Involving international agreements of a Involving international agreements of a more or
permanent character less temporary nature
Formal documents require ratification Binding through executive action
Ratified by Senate Not subject to concurrence of the Senate
Bayan vs. Zamora – same binding effects

9. Budgetary Power (Sec. 22 Art. VII)

The President shall submit to the Congress, within 30 days from the opening of every regular session as
the basis of the general appropriations bill, a budget of expenditures and sources of financing, including
receipts from existing and proposed revenue measures.
- Congress cannot increase, only reduce

10. Informing Powers (Sec. 23 Art. VII)

The President shall address the Congress at the opening of its regular session. He may also appear before
it any other time.
- SONA – 4th Monday of July
- Instances when the Congress may convene without the call of the President: MISCS
Martial Law
Impeachment cases
Suspension of privilege of writ of habeas corpus
Canvassing elections for Pres. and VP
Schedule special elections for Pres. and VP

11. Other Powers

a. Call Congress to a special session (Sec. 15 Art. VI)
b. Power to approve or veto bills (Sec. 27 Art. VI)
c. Consent to deputation of government personnel by the COMELEC (COMELEC Res. No. 3309)
d. Discipline such deputies
e. Emergency powers, tariff powers delegated by the Congress (Sec. 23 & 27 Art. VI)
f. General supervision over local government units and autonomous regional governments (Sec.
4 Art. X)
g. Unstated residual powers (Marcos vs. Manglapus)
h. Power of impoundment – refusal of the Pres. for whatever reason to spend funds
appropriated by Congress