I.

Key Organization of Executive Branch

A. President

The President of the Philippines serves as the head of state and the national

government, and the Commander-in-Chief of all armed forces in the country. Under

Article VII Section 4 of the 1987 Constitution, the President shall be elected by direct

vote of the people and serve a term of six years, and is ineligible for reelection. The term

begins at noon of June 30th after the election and end at noon of the same day six years

later. Stated under Article VII Section 2 of the Constitution is the minimum qualifications

of the President which are: (1) a natural-born Filipino; (2) a registered voter; (3) able to

read and write; (4) at least 40 years old on the day of election for President; and (5) a

Philippine resident for at least ten years immediately preceding the election.

B. Vice President

The Vice President is the first line of support to the President. Under Article 3, he

may be appointed as a Cabinet member, concurrent to his position, by the President. He

shares the same qualifications, manner of election, and term of office as the President.

But unlike the President, the Vice President may be eligible for reelection but not for two

consecutive terms. Under Section 7, if the elected President is unable to carry out his

official duties due to death, permanent disability, or resignation, the Vice President is the

first in line to succeed and assume the position until a new President is elected.

C. Cabinet

The role of the Cabinet is to serve as the alter egos of the President and with the

latter’s authority, exercise executive power in their respective departments. The Cabinet

also serves as advisors to the President with regards to their areas. Section 16 vests the
 President control over all the executive departments which implies that he can nominate

members of the Cabinet which is subject to the Commission on Appointment’s consent.

II. Scope and Limitation of Executive Power

A. Power to appoint

Stated under Section 16 is the power of the President to nominate and appoint high

officials in the government with the consent of the Commission on Appointments. These

officials are: (1) heads of executive departments, ambassadors, and other public ministers

and consuls; (2) officers of AFP from the rank of colonel or naval captain; (3) other

officers whose appointments are vested in the President by the Constitution; (4) all other

officers of the Government whose appointments are not otherwise provided for by law;

and (5) those whom he may be authorized by law to appoint. Implied in this power to

appoint is the power to remove, as well. However, under Section 15, the President is

prohibited to make appointments, except temporary appointments to executive positions

when continued vacancies therein will prejudice public service or endanger public safety.

B. Power of control

Under Section 17, the President as administrator is vested the power to control all

executive departments, bureaus, and offices, as well as the power or duty to ensure that

the laws are faithfully executed.

C. Power as Commander-in-Chief

Section 18 vests the President as the Commander-in-Chief of the AFP and as so,

gives him the authority to call out to the AFP to meet emergency situations such as to

suppress lawless violence, meet the threat of invasion, or quell rebellion. (De Leon, 2014).

However, the President may only declare the suspension of writ of habeas corpus or

declare a state of martial law for a period not exceeding sixty days under conditions
stated in Section 18: (1) there must be an invasion or rebellion at the time of

suspension/proclamation; and (2) the public safety must require the

suspension/proclamation. As for the declaration of a state of war, though the President is

the Commander-in-Chief, only the Congress as per Article VI Sec. 23 has the sole power

to declare a state of war or authorize the President to declare so.

D. Pardoning power

According to De Leon, stated under Section 19 is the power of the President, except

in cases of impeachment, to grant reprieves (postponement of execution of death

sentence to a given date), commutations (reduction of sentence to a lesser punishment),

pardons (exempts the bestowed individual from the punishment the law inflicts for a

crime he committed), and remit fines and forfeitures, after conviction by final judgement,

as well as amnesty upon concurrence of majority of all the Congress members.

E. On foreign affairs

Section 20 states the power of the President to contract or guarantee foreign loans on

behalf of the Republic of the Philippines with prior concurrence of the Monetary Board

now known as the Bangko Sentral ng Pilipinas. This is also subject to limitations as may

be provided by law. However, when it comes to foreign agreements, under Section 21, a

treaty or international agreement may only be valid and effective upon concurrence by

at least two-thirds of all the Members of the Senate.

F. Budgetary power

Section 22 mandates the President to prepare a budget of expenditures and sources

of financing including receipts from existing and proposed revenue measures. This

budget thus submitted will then be the basis of the general appropriations bill to be

enacted by the Congress for the following year. (De Leon, 2014).
References
De Leon, H. S. (2014). Textbook on the Philippine Constitution. Manila: REX Book Store.
Official Gazette. (n.d.). The Executive Branch. Retrieved from Official Gazette:
http://www.officialgazette.gov.ph/about/gov/exec/
Philippine Information Agency. (n.d.). Three Branches of Government. Retrieved from Philippine
Information Agency: https://pia.gov.ph/branches-of-govt