Executive Branch

• In the presidential set-up, the President is considered both the head of the state and the government and all executive powers are vested on the President.
• Under 1987 Constitution, although the President still commands tremendous power, it can be limited, checked, and balanced by the legislative branch.
• Executive Power - power granted to the executive branch to execute or enforce laws through inherent powers of the state.
• Term of Office of the President (1987 Constitution):

  • 6 year term
  • no re-election
• When Vice-President Shall Become President:

  • Death
  • Permanent Disability
  • Removal from office
• Who will take over the presidency if there are no president and vice-president:

  1. Senate President
  2. Speaker of the House
  3. Chief Justice of the Supreme Court
• When the Office of the Vice-President is Vacant:

  • the President will nominate from members of the Senate and the House of Representatives
  • nomination is subject to confirmation of both houses voting separately.
• Appointments Extended by an acting President:

  • appointments made by the acting President will remain effective unless revoked by the elected president within 90 days from his assumption.
• The president is Prohibited to appoint any position (only) in the executive branch two months before the next election, but can appoint to other departments like the chief justice of Supreme Court.
• Public Career officials that can be appointed by the President:

  1. Heads of Executive Departments
  2. Ambassadors, public ministers and consuls
  3. Officers of AFP from the rank of colonel to naval captain.
  4. Heads of government owned and controlled corporations
  5. Justices of the Supreme court and judges of lower court
  6. regular member of judicial and bar council
  7. chairman and commissioners of constitutional commissions.
• Kinds of Presidential Appointments:

  1. Regular Appointments
  2. Ad Interim Appoinments
• Regular Appointment

  • made while the congress is in session
• Ad Interim Appointment

  • appointments made by the President while the congress is not in session.
• The power of the president to remove is not absolute
• There are positions in the government where the power of appointment is vested on the president but not the power to remove. The power of removal depends on the specific positions articulated in the constitution. A career service official with a fixed term cannot be removed by the president.
• Every department or bureaus in the executive branch is under the command of the president.
• The president executed two duties to manage and control the departments under his/her power:

  1. The power of Appointment
  2. The power of removal
• Functions and Powers of the Chief Executive:

  1. Executive Function/Power
  2. Pardoning Power
  3. Diplomatic Power
  4. Military Power
  5. Budgetary Power
  6. Pardoning Power
• Executive Function/Power

  • appointment and removal of cabinet secretaries
  • implementation of laws passed by the congress
  • representing the Philippines in international community and foreign affairs
  • command of the armed forces.
• Pardoning Power

  • executes the spending authorized by Congress
  • executes the instructions of Congress when it declares war or make rules for the miltary.
• Diplomatic Power

  • executive agreements
  • represents the state in the international community and foreign affairs or Authority to contract and guarantee foreign loans
  • power to appoint diplomat
  • powers as commander-in-chief of the armed forces
  • has absolute control of the armed forces
  • has the power to call out the armed forces to prevent or suppress lawless violence
  • empowered to created military tribunals.
• Military power

  • call out the armed forces
  • meet emergency situations
  • declare martial law
  • suspend the privilege of the writ of habeas corpus
• Budgetary Power

  • prepares the budget
  • executed the spending authorized by congress
• Pardoning Power

  • president may grant reprieves, commutations, and pardons
  • president may also grant amnesty (with the concurrence of all the members of congress)
• amnesty is extended to persons who are subject to prosecution but not yet convicted whereas, a pardon is granted to a person who has already been convicted.
• absolute pardon - absolves the convicted individual of all legal consequences of the crime, effectively restoring their civil and political rights, including the right to vote and hold public office.