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Lesson 7 The Executive Department

The document outlines the powers and responsibilities of the Executive department and President as established in the Philippine Constitution. It describes that the President is the head of state and government who is elected to a 6-year term and cannot be reelected. The President appoints cabinet members and other officials, is commander-in-chief of the armed forces, can declare martial law in certain situations, has powers like pardon and veto, and submits the national budget to Congress.

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Rose Ann
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© © All Rights Reserved
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32 views

Lesson 7 The Executive Department

The document outlines the powers and responsibilities of the Executive department and President as established in the Philippine Constitution. It describes that the President is the head of state and government who is elected to a 6-year term and cannot be reelected. The President appoints cabinet members and other officials, is commander-in-chief of the armed forces, can declare martial law in certain situations, has powers like pardon and veto, and submits the national budget to Congress.

Uploaded by

Rose Ann
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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LESSON 7

THE EXECUTIVE
DEPARTMENT
ENERGY IN THE EXECUTIVE
IS A LEADING CHARACTER IN
THE DEFINITION OF GOOD
GOVERNMENT. IT IS
ESSENTIAL TO THE
PROTECTION OF THE
COMMUNITY AGAINST
FOREIGN ATTACKS;
IT IS NOT LESS ESSENTIAL TO
THE STEADY
ADMINISTRATION OF THE
LAWS; TO THE PROTECTION OF
PROPERTY AGAINST THOSE
IRREGULAR AND HIGH-
HANDED COMBINATIONS
WHICH SOMETIMES INTERRUPT THE
ORDINARY COURSE OF JUSTICE; TO
THE SECURITY OF LIBERTY AGAINST
THE ENTERPRISES AND ASSAULTS
OF AMBITION, OF FACTION, AND OF
ANARCHY.
_ALEXANDER HAMILTON
ARTICLE VII
EXECUTIVE
DEPARTMENT
SECTION 1.
THE EXECUTIVE POWER SHALL
BE VESTED IN THE PRESIDENT OF
THE PHILIPPINES.
EXECUTIVE POWER

POWER TO ADMINISTER LAWS,


CARRY THEM INTO PRACTICAL
OPERATION AND ENFORCE
THEIR DUE OBSERVANCE.
SECTION 2.
NO PERSON MAY BE ELECTED
PRESIDENT UNLESS HE IS A
NATURAL-BORN CITIZEN OF THE
PHILIPPINES, A REGISTERED
VOTER, ABLE TO READ AND
WRITE,
AT LEAST, FORTY YEARS OF
AGE ON THE DAY OF THE
ELECTION, AND A RESIDENT
OF THE PHILIPPINES FOR AT
LEAST TEN YEARS
IMMEDIATELY PRECEDING
SUCH ELECTION.
SECTION 3.

THERE SHALL BE A VICE-


PRESIDENT, WHO SHALL HAVE
THE SAME QUALIFICATIONS AND
TERM OF OFFICE AND BE
ELECTED WITH
AND IN THE SAME
MANNER AS THE
PRESIDENT. HE MAY BE
REMOVED FROM OFFICE
IN THE SAME MANNER AS
THE PRESIDENT.
SECTION 4.

THE PRESIDENT AND THE VP


SHALL BE ELECTED… FOR A
TERM OF SIX YEARS. THE
PRESIDENT SHALL NOT BE
ELIGIBLE FOR ANY REELECTION.
NO PERSON WHO HAS
SUCCEEDED AS PRESIDENT
AND HAS SERVED SUCH AS
FOR MORE THAN FOUR
YEARS SHALL BE QUALIFIED
FOR ELECTION TO THE SAME
OFFICE AT ANY TIME.
NO VICE-PRESIDENT SHALL
SERVE FOR MORE THAN TWO
CONSECUTIVE TERMS. THE
SUPREME COURT… SHALL
BE THE SOLE JUDGE FOR ALL
CONTESTS RELATING TO THE
ELECTION… OF THE
PRESIDENT AND VP…
TERM OF OFFICE

REFERS TO THE PERIOD DURING


WHICH AN OFFICER MAY CLAIM TO
HOLD THE OFFICE AS MATTER OF
RIGHT.
TENURE OF OFFICE

THE PERIOD DURING


WHICH THE
INCUMBENT HOLDS
THE POSITION.
SECTION 8.
IN THE CASE OF DEATH,
PERMANENT DISABILITY,
REMOVAL FROM OFFICE OR
REGISNATION OF THE
PRESIDENT, THE VICE-PRESIDENT
SHALL BECOME THE PRESIDENT
TO SERVE THE UNEXPIRED TERM.
IN THE CASE OF DEATH,
PERMANENT DISABILITY,
REMOVAL FROM OFFICE OR
REGISNATION OF BOTH THE
PRESIDENT AND VICE-
PRESIDENT, THE PRESIDENT
OF THE SENATE OR,
IN THE CASE OF HIS
INABILITY, THE SPEAKER OF
THE HOUSE OF
REPRESENTATIVES, SHALL
THEN ACT AS PRESIDENT
UNTIL THE PRESIDENT OR
VICE-PRESIDENT SHALL HAVE
BEEN ELECTED AND
QUALIFIED.
SECTION 9.

WHENEVER THERE IS A
VACANCY IN THE OFFICE
OF THE VICE-PRESIDENT
DURING THE TERM FOR
WHICH HE WAS ELECTED,
THE PRESIDENT SHALL
NOMINATE A VICE-
PRESIDENT FROM
AMONG THE MEMBERS
OF THE SENATE AND
THE HOUSE OF
REPRESENTATIVES…
SECTION 10.
THE CONGRESS SHALL…
AFTER THE VACANCY IN THE
OFFICES OF THE PRESIDENT
AND VP OCCURS, CONVENE..
AND ENACT A LAW CALLING
FOR A SPECIAL ELECTION TO
ELECT A PRESIDENT AND VP.
SECTION 13.

THE PRESIDENT, THE VP, THE


MEMBERS OF CABINET… SHALL NOT,
UNLESS OTHERWISE PROVIDED IN THE
CONSTITUTION, HOLD ANY OTHER
OFFICE OR EMPLOYMENT DURING
THEIR TENURE. THEY SHALL NOT…
PRACTICE ANY OTHER
PROFESSION, PARTICIPATE
IN ANY BUSINESS OR BE
FINANCIALLY INTERESTED
IN ANY CONTRACT WITH
THE GOVERNMENT.
THE SPOUSE AND
RELATIVES BY
CONSANGUINITY OR
AFFINITY WITHIN THE
FOURTH CIVIL DEGREE OF
THE PRESIDENT SHALL
NOT-DURING HIS
TENURE BE APPOINTED AS
MEMBERS OF
CONSTITUTIONAL
COMMISSIONS OR THE
OFFICE OF THE
OMBUDSMAN, AS
SECRETARIES OR HEADS
OR OFFICES.
SPECIFIC
POWERS
OF THE
PRESIDENT
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.
APPOINTMENT
IS THE ACT OF
DESIGNATION BY THE
EXECUTIVE OFFICER OF
THE INDIVIDUAL WHO IS TO
EXERCISE THE FUNCTIONS
OF A GIVEN OFFICE.
ALTHOUGH THE CONSTITUTION
CONTAINS NO PROVISION
EXPRESSLY VESTING IN THE
PRESIDENT THE POWER TO
REMOVE EXECUTIVE OFFICIALS
FROM THEIR POSTS, HE STILL HAS
THE REMOVAL POWER AS IT IS
IMPLIED FROM HIS APPOINTING
POWER.
SECTION 17.

THE PRESIDENT SHALL HAVE


CONTROL OF ALL THE
EXECUTIVE DEPARTMENTS,
BUREAUS, AND OFFICES. HE
SHALL ENSURE THAT THE
LAWS BE FAITHFUL EXECUTED.
CONTROL POWER
PRESIDENT MAY ALTER OR
MODIFY OR SET ASIDE ACTIONS
OF SUBORDINATE OFFICERS. HE
ALSO HAS THE AUTHORITY TO
SUPERVISE, INVESTIGATE,
SUSPEND OR REMOVED ERRING
OFFICERS.
SECTION 18.

THE PRESIDENT SHALL BE THE


COMMANDER-IN-CHIEF OF ALL
ARMED FORCES IN THE PHILIPPINES,
AND WHENEVER IT BECOMES
NECESSARY, HE MAY CALL OUT
SUCH ARMED FORCES TO PREVENT
OR
SUPPRESS LAWLESS
VIOLENCE, INVASION OR
REBELLION… HE MA,
SUSPEND THE PRIVILEGE OF
THE WRIT OF HABEAS CORPUS
OR PLACE THE PHILIPPINES
OR ANY PART THEREOF
UNDER MARTIAL LAW.
RESTRICTIONS ON THE
PRESIDENT’S POWER TO
DECLARE MARTIAL LAW.

-THERE MUST BE AN INVASION


OR REBELLION
-THE DURATION SHALL NOT
EXCEED 60 DAYS
-THE PRESIDENT MUST SUBMIT A
REPORT TO CONGRESS WITHIN 48
HOURS AFTER THE DECLARATION
-THE DECLARATION MAY BE
REVOKED BY CONGRESS
-THE SUPREME COURT MAY INQUIRE
INTO THE SUFFICIENCY OF THE
FACTUAL BASIS OF THE
PROCLAMATION.
SECTION 19.

THE PRESIDENT MAY GRANT


REPRIEVES, COMMUTATIONS, AND
PARDONS…
HE SHALL ALSO HAVE THE POWER TO
GRANT AMNESTY WITHIN THE
CONCURRENCE OF MAJORITY OF ALL
THE MEMBERS OF THE CONGRESS.
1.REPRIEVE- POSTPONEMENT OF
THE EXECUTION OF A DEATH
SENTENCE.
2.COMMUTATION- REDUCTION
OF THE SENTENCE IMPOSED FOR
A LESSER PUNISHMENT.
3.PARDON- EXEMPTS FROM
THE PUNISHMENT THE LAW
INFLICTS FOR A CRIME HE
HAS COMMITTED.
4.AMNESTY- ABOLISHES THE
OFFENSES OF WHICH ONE IS
CHARGED.
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 MANY 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.
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.
SECTION 23.

THE PRESIDENT SHALL


ADDRESS THE CONGRESS AT
THE OPENING OF ITS REGULAR
SESSION. HE MAY ALSO
APPEAR BEFORE IT AT ANY
OTHER TIME.
SECTION 23 GIVES AN
OPPORTUNITY TO THE
PRESIDENT TO GIVE
INFORMATION ON THE “STATE OF
THE NATION” AND TO
RECOMMEND SUCH MEASURES
TO THE LEGISLATURE AS HE MAY
DEEM NECESSARY AND PROPER.
HTTPS://WWW.OFFICIALGAZETTE.GOV.PH/CO
NSTITUTIONS/THE-1987-CONSTITUTION-OF-
THE-REPUBLIC-OF-THE-PHILIPPINES/THE-
1987-CONSTITUTION-OF-THE-REPUBLIC-OF-
THE-PHILIPPINES-ARTICLE-VIII/

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