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Residual Powwers ConstiLaw1 - Assignment2

The document discusses the residual powers of the President of the Philippines under the Constitution and Administrative Code. It defines residual powers as those powers vested in the President that are not specifically enumerated but are implied or provided by law. These powers allow the President to protect public welfare and ensure faithful execution of laws. However, residual powers could also be subject to abuse if used to weaken checks on executive authority.

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Diego Duroy
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23 views

Residual Powwers ConstiLaw1 - Assignment2

The document discusses the residual powers of the President of the Philippines under the Constitution and Administrative Code. It defines residual powers as those powers vested in the President that are not specifically enumerated but are implied or provided by law. These powers allow the President to protect public welfare and ensure faithful execution of laws. However, residual powers could also be subject to abuse if used to weaken checks on executive authority.

Uploaded by

Diego Duroy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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POMAREJOS, NICOMEDES JOHN E.

CONSTITUTIONAL LAW I
BANGON, NAZIBAH H.

RESIDUAL POWERS OF THE PRESIDENT

Under the Administrative Code of 1987, it states that the President shall exercise such
other powers as are provided for in the Constitution.
What are residual powers?
The Residual powers of the President is stated under Section 20, Chapter 7, Executive
Order No. 292 or the Administrative Code of 1987
SECTION 20. Residual Powers.—Unless Congress provides otherwise, the
President shall exercise such other powers and functions vested in the President
which are provided for under the laws and which are not specifically enumerated
above, or which are not delegated by the President in accordance with law.
The power involved is the President’s residual power to protect the general welfare of the
people. It is founded on the duty of the President, as steward of the people. To paraphrase
Theodore Roosevelt, it is not only the power of the President but also his duty to do
anything not forbidden by the Constitution or the laws that the needs of the nation. It is
a power borne by the President’s duty to preserve and defend the Constitution. It also may
be viewed as a power implicit in the President’s duty to take care that the laws are
faithfully executed. (Marcos vs. Manglapus, G.R. No. 88211, September 15, 1989)
Justification
Justification of the Residual powers of the President is stated in Section 17, Article VII,
1987 Constitution of the Philippines:
Sec. 17. The President shall have control of all the executive departments, bureaus,
and offices. He shall ensure that the laws be faithfully executed.
This provision speaks of such other powers vested in the President under the law.
Presidential Decree No. 1772 which amended Presidential Decree No. 1416 expressly
grant the President of the Philippines the continuing authority to reorganize the national
government, which includes the power to group, consolidate bureaus and agencies, to
abolish offices, to transfer functions, to create and classify functions, services and
activities and to standardize salaries and materials. The validity of these two decrees [is]
unquestionable. The 1987 Constitution clearly provides that "all laws, decrees, executive
orders, proclamations, letters of instructions and other executive issuances not
inconsistent with this Constitution shall remain operative until amended, repealed or
revoked." So far, there is yet no law amending or repealing said decrees. (Larin v.
Executive Secretary 280 SCRA 713.)
POMAREJOS, NICOMEDES JOHN E. CONSTITUTIONAL LAW I
BANGON, NAZIBAH H.

This power has been further enunciated by the Supreme Court where it stated that “The
Presidents power to conduct investigations to aid him in ensuring the faithful execution
of laws in this case, fundamental laws on public accountability and transparency is
inherent in the President’s powers as the Chief Executive.” Thus, the Executive
Department is given much leeway in ensuring that our laws are faithfully executed.
(Biraogo et al. vs. The Philippine Truth Commission of 2010, G.R. Nos. 192935 and
193036, December 7, 2010).

Question: Can the residual powers of the President of the Republic of the
Philippines be the subject of abuse?
A study was conducted on how the President’s "implied" and "residual" powers can be
constitutionally questioned.
• The President can issue executive orders without prior legislative sanction;
• The President can unilaterally reorganize government agencies without regard for the
functional objectives and constitutional independence of other institutions;
• The President can control appointments to key public offices originally intended to
counterbalance executive authority;
• The President can largely sought to insulate himself/herself from accountability for
impasses that resulted from institutional deadlocks which himself/herself has created;
• The President can withhold funds already appropriated when “revenues are scarce”;
• The President can control the national budget and delay the release of the local
government units’ just share in the national taxes (Internal Revenue Allotment or
IRA) to use the same as a political leverage to attract potential allies and pressure local
opponents.

The residual power of the President of the Philippines can result to a strong
President but a weaker legislature and judiciary. The system may suffer from limited or
ineffective constitutional checks on the Executive branch. The President may often
aggrandize his/her power by referring to the separation of powers to justify assertions of
authority and to avoid oversight from other branches or governmental bodies.
In this case, the Supreme Court relied on a conception of broad residual executive power
to justify the expansion of the privilege, even against constitutional rights to public
information.

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