Politics and Security ( PS233)

LECTURE NOTES on
EXECUTIVE BRANCH of GOVERNMENT

Article VII, Section 1, of the 1987 Constitution vests executive power on the President of the
Philippines. The President is the Head of State and Head of Government, and functions as
the commander-in-chief of the Armed Forces of the Philippines. As chief executive, the
President exercises control over all the executive departments, bureaus, and offices.

A. THE PRESIDENT OF THE PHILIPPINES

The President of the Philippines is elected by direct vote by the people for a term of six years.
He may only serve for one term, and is ineligible for reelection. The term of the President of
the Philippines starts at noon of the 30th day of June after the election.

QUALIFICATIONS
The qualifications for an individual aspiring to become the President of the Philippines are
outlined in Article VII, Section 2 of the 1987 Constitution. According to the constitution, an
individual may become President provided he meets the following criteria:

a. natural born Filipino;

b. a registered voter;
c. must be able to read and write;
d. 40 years of age at the day of the election; and
e. must have resided in the Philippines ten years before the election is held.

POWERS OF THE PRESIDENT

POWER TO APPOINT
Section 16. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from the rank of colonel or naval
captain, and other officers whose appointments are vested in him in this Constitution. He
shall also appoint all other officers of the Government whose appointments are not otherwise
provided for by law, and those whom he may be authorized by law to appoint. The Congress
may, by law, vest the appointment of other officers lower in rank in the President alone, in the
courts, or in the heads of departments, agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the Congress,
whether voluntary or compulsory, but such appointments shall be effective only until
disapproved by the Commission on Appointments or until the next adjournment of the
Congress.

POWER OF CONTROL
Section 17. The President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed
MILITARY POWER
Section 18. The President shall be the Commander-in-Chief of all 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. In case of invasion or rebellion,
when the public safety requires it, he may, for a period not exceeding sixty days, suspend the
privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial
law. Within forty-eight hours from the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus, the President shall submit a report in person or in
writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its
Members in regular or special session, may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon the initiative of the President, the
Congress may, in the same manner, extend such proclamation or suspension for a period to
be determined by the Congress, if the invasion or rebellion shall persist and public safety
requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation
or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus or the extension thereof, and must promulgate its
decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons
judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested
or detained shall be judicially charged within three days, otherwise he shall be released.

PARDONONING POWER
Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution,
the President may grant reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the
Members of the Congress.

BORROWING POWER
Section 20. The President may contract or guarantee foreign loans on behalf of the Republic
of the Philippines with the prior concurrence of the Monetary Board, and subject to such
limitations as may be provided by law. The Monetary Board shall, within thirty days from the
end of every quarter of the calendar year, submit to the Congress a complete report of its
decision on applications for loans to be contracted or guaranteed by the Government or
government-owned and controlled corporations which would have the effect of increasing the
foreign debt, and containing other matters as may be provided by law.

Section 21. No treaty or international agreement shall be valid and effective unless concurred
in by at least two-thirds of all the Members of the Senate.

BUDGETARY POWER
Section 22. The President shall submit to the Congress, within thirty 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.

LINE OF SUCCESSION
The constitution provides for a line of succession in the event that the elected President of
the Philippines is not able to discharge the duties of his office due to death, disability, or
resignation. The following is the line of succession:

a. Vice President — in cases of the death, disability, or resignation of the President

b. Senate President — in cases of the death, disability, or resignation of the President
and Vice President
c. Speaker of the House of Representatives — in cases of the death, disability, or
resignation of the President, Vice President, and Senate President
Contrary to popular belief, the constitution doesn’t include the Chief Justice of the Supreme
Court in the President’s line of succession.

The Congress of the Philippines is mandated enact a law calling for a special election three
days after the vacancy in the Office of the President and Vice President. The special election
should occur 40 days after the enactment of the law, but not later than 60 days after the
enactment of the law.

B. VICE PRESIDENT OF THE PHILIPPINES

The Vice President of the Philippines is elected by direct vote by the people for a term of six
years, and may run for reelection once. The term of the Vice President of the Philippines
starts at noon of the 30th day of June after a regular election is held.

QUALIFICATIONS
The qualifications for aspirants to the Office of the Vice President is outlined in Article VII,
Section 3. According to the constitution, the qualifications for the President is the same for
the Vice President.

DUTIES OF THE VICE PRESIDENT

According to the constitution, the vice president may concurrently assume a cabinet position
should the President of the Philippines offer the former one. The vice president will become
a secretary concurrent to the position of vice president.

Aside from the cabinet post, the vice president is mandated to assume the presidency in case
of the death, disability, or resignation of the incumbent President.

LINE OF SUCCESSION
Should there be a vacancy of the Office of the Vice President, the President of the Philippines
is required by the constitution to nominate a replacement with the concurrence of Committee
on Appointments.

C. CABINET SECRETARIES

FUNCTIONS OF A CABINET SECRETARY

Cabinet secretaries act as the alter ego of the President executing, with his authority, the
power of the Office of the President in their respective departments.

The number of cabinet secretaries varies from time to time depending on the need of an
administration. According to the Administrative Code of 1987, the President of the Philippines
may create or dissolve any department as he sees fit.

APPOINTMENT OF CABINET SECRETARIES

According to the Article 7, Section 16, the President may appoint anyone to executive
departments with the consent of the Commission on Appointments. Names of individuals
nominated to cabinet posts are submitted to the Commission on Appointments for their
consideration.

An individual may not assume his post in a given department unless confirmed by the
Commission on Appointments. However, the constitution provides for individuals becoming
cabinet secretaries in an acting capacity before they are confirmed. According to Article VII,
Section 16 of the constitution, the president may appoint anyone to cabinet posts even if
Congress is in recess. These appointments are valid until the Commission on Appointments
disapproves them, or at the end of the next session of Congress.

POWERS OF A CABINET SECRETARY

As stated above, a cabinet secretary is the alter ego of the President in their respective
departments. Thus, they posses the power to issue directives relative to their departments,
such as department orders. These orders only apply to offices under a specific department
under the cabinet secretary’s jurisdiction. Cabinet secretaries also act as advisors to the
President of the Philippines for their areas.