Philippine Constitution - Article VII - Executive Department
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The document outlines the powers and responsibilities of the President of the Philippines according to Article VII of the Philippine Constitution. It details that the executive power is vested in the President, who is tasked with enforcing laws and administering the government. It also discusses the qualifications, terms of office, succession order, and impeachment process for the President and Vice President. Furthermore, it examines the specific powers granted to the President, including appointment powers, removal powers, military powers, pardon powers, borrowing powers, and budgetary powers. Conditions for declaring martial law and exercising emergency powers are also summarized.
Philippine Constitution - Article VII - Executive Department
- 1. ART.VII – EXECUTIVE DEPARTMENT By: John Paul Espino De La Salle University – Dasmarinas Facebook.com/Johnpaul.dss
- 3. EXECUTIVE POWER -vested in the President. -the power to administer laws, which means carrying them into practical operation and enforcing their due observance. -whatever is not judicial, whatever is not legislative, is residual power exercised by the President.
- 4. QUALIFICATIONS OFTHE PRESIDENT ANDVICE-PRESIDENT: ■ Natural-born citizen of the Philippines ■ Registered voter ■ Able to read and write ■ At least 40 yrs of age on the day of the election ■ Resident of the Philippines for at least 10 yrs immediately preceding such election.
- 5. TERM OF OFFICE ■ The President andVice-President shall be elected by direct vote of the people for a term of 6 yrs which shall begin at noon on the 30th day of June next following the day of the election and shall end at noon of the same date 6 yrs thereafter. ■ *The President shall NOT be eligible for ANY re-election. No person who has succeeded as President and has served as such for more than 4yrs shall be qualified for election to the same office at ANY time.
- 6. * NoVice President shall serve for more than 2 consecutive terms. • voluntary renunciation of office shall not be considered as an interruption in the continuity of the full term. Who handles cases relating to elections, returns, and qualifications of the President and theVice- President? --the Supreme Court, sitting en banc.
- 7. WhenVice-President shall act as President 1. If the President-elect fails to qualify; or 2. If a President shall not have been chosen; or 3. In case of temporary inability or incapacity of the President to discharge his powers and duties.
- 8. WhenVice-President shall become President 1. If at the beginning of the term of the President, the President-elect shall have died or shall have been permanently disabled; or 2. After assumption of office, in case of death, permanent disability, removal from office, or resignation of the President, in which case theVice-President shall serve the unexpired term.
- 9. ■ Where there are no President orVice-President, the Senate President shall act as President; if the latter is unable as well, the Speaker of the House of Representatives shall act as President; if the speaker is unable as well, the Congress is mandated to provide by law until the President orVice- President shall have been elected and/or qualified. ■ No special election shall be called if the vacancy occurs within 18 months before the date of the next Presidential election.
- 10. Permanent vacancy in the office of the Vice-President - President shall nominate aVice-President from among the members of the Senate and the House of the Representatives who shall assume office upon confirmation by a majority vote of all the members of both houses, voting separately.
- 11. POWERS OFTHE PRESIDENT 1. EXECUTIVE POWER – power to enforce and administer laws. -President shall have control of all executive departments, bureaus and offices. He shall ensure that laws are faithfully executed.
- 12. 2. POWER OF APPOINTMENT ■ Appointment- is the act of designation by the executive officer, board, or body to whom the power has been delegated, of the individual who is to exercise the functions of a given office.
- 13. a. With the consent of the Commission on Appointments. 1. heads of executive departments; 2. ambassadors and other public ministers and consuls; 3. officers of the AFP from the rank of colonel or naval captain; 4. officers whose appointments are vested in him by the Constitution.
- 14. b. with prior recommendation or nomination by the Judicial and Bar Council; 1. Members of the Supreme Court and all lower courts; 2. Ombudsman and his 5 deputies. c. Requiring nominations by multi-sectoral groups; 1. Regional consultative commission; and 2. Party-list representatives, before the Party-list Law.
- 15. d. Appointment ofVice-President as member of the Cabinet; -such appointment requires no confirmation. e. Appointment solely by the President. 1. those vested by the Constitution on the President alone; 2. those whose appointments are not otherwise provided for by law; 3.Those whom he may be authorized by law to appoint; and 4. those other officers lower in rank whose appointment is vested by law in the President alone.
- 16. Appointment procedure 1. Nomination by the President 2. Confirmation by the CoA 3. Issuance of commission 4. Acceptance by the appointee
- 17. 3. POWER OF REMOVAL General rule: implied from the power to appoint. Exception: those appointed by him where the Constitution prescribes certain methods for separation from public service.
- 18. 4. POWER OF CONTROL Control- power of an officer to: ■ Alter ■ Modify ■ Nullify, or ■ Set aside what a subordinate has done in the performance of his duties and to substitute his judgment to that of the former.
- 19. Doctrine of Qualified Political Agency or Alter Ego Principle *the acts of the Secretaries of Executive departments when performed and promulgated in the regular course of business or unless disapproved or reprobated by the Chief Executive, are presumptively the acts of the Chief Executive.
- 20. 5. MILITARY POWERS a. Commander-in-Chief clause ■ To call out the AFP to prevent or suppress lawless violence, invasion or rebellion. ■ To organize courts martial for the discipline of members of the armed forces, and create military commissions for the punishment of war criminals.
- 21. b. Declaration of Martial Law Martial Law- that law which has application when the military arm does not supersede civil authority but is called upon to aid it in the execution of its vital functions. Grounds: invasion or rebellion, when public safety requires it. Duration: not more than 60 days, following which it shall be lifted, unless extended by the Congress.
- 22. ■ Duty of the President to report to Congress: within 48 hours personally in writing. ■ Authority of Congress to revoke or extend the effectivity of proclamation: by majority vote of all its members voting jointly. ■ Authority of the SC: to inquire into the sufficiency of the factual basis for such action at the instance of any citizen.
- 23. Effects of Proclamation of Martial Law: The President can: ■ Legislate ■ Order the arrest of people who obstruct the war effort. The following cannot be done: ■ Suspend the operation of the Constitution ■ Supplant the functioning of the civil courts and the legislative assemblies ■ Confer jurisdiction upon military courts and agencies over civilians, where civil courts are able to function
- 24. Open court doctrine- civilians cannot be tried by military courts if the civilian courts are open and functioning.
- 25. 4 ways to lift the proclamation or suspension: 1. Lifting by the President himself. 2. Revocation by Congress; 3. Nullification by the SC 4. By operation of law after 60 days.
- 26. 6.PARDONING POWER - discretionary, may not be controlled by the legislature or reversed by the court, unless there is a constitutional violation. - in granting the power of executive clemency upon the President, section 19, Article VII of the Constitution does not distinguish between criminal and administrative cases.
- 27. Pardon- act of grace which exempts individual on whom it is bestowed from punishment which the law inflicts for a crime he has committed. Conditional pardon- in the nature of a contract between the Chief Executive and the convicted criminal; by the pardonee’s consent to the terms stipulated in the contract, the pardonee has placed himself under the supervision of the Chief Executive or his delegate who is duty bound to see to it that the pardonee complies with the conditions of the pardon.
- 28. Commutation- reduction or mitigation of the penalty. Reprieve- postponement of sentence or stay of execution in an indefinite time (of death penalty) Parole- release from imprisonment, but without full restoration of liberty, as parolee is in the custody of the law although not in confinement. Amnesty- act of grace, concurred in by the Legislature, usually extended to classes of persons who committed political offenses, which puts into oblivion the offense itself. (even before final judgment)
- 29. Limitations: 1. Cannot be granted in cases of impeachment; 2. Cannot be granted in violations of election laws without the favorable recommendation of the COMELEC; 3. Can be granted only after conviction by final judgment (except amnesty); 4. Cannot be granted in cases of legislative contempt or civil contempt; 5. Cannot absolve convict of civil liability; and 6. Cannot restore public offices forfeited.
- 30. Effects of Pardon: 1. It removes penalties and disabilities and restores him to his full civil and political rights; 2. Does not discharge the civil liability of the convict to the individual he has wronged; and 3. It does not restore offices, property, or rights vested in others in consequence of the conviction.
- 31. AMNESTY PARDON Political offenses Infraction of peace/common crimes Granted to classes of persons Granted to individuals Requires concurrence of Congress Does not require concurrence of Congress Public act to which court may take judicial notice Private act which must be pleaded and proved Looks Public act to which court may take judicial notice backward and puts into oblivion the offense itself Looks forward and relieves the pardonee of the consequence of the offense May be granted even before trial Can be granted only after conviction
- 32. 7. BORROWING POWER - the President may contract or guarantee foreign loans on behalf of the Republic with the concurrence of the Monetary Board. Subject to such limitations as may be provided by law. - the Monetary Board shall submit to Congress report on loans within 30 days from end of every quarter.
- 33. 8. DIPLOMATIC POWER - no treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of Senate. Treaty (pact/convention/charter) - compact made between 2 or more states, including international organizations of states, intended to create binding rights and obligations upon the parties thereto.
- 34. 9. BUDGETARY POWER - within 30 days from opening of every regular session, President shall submit to Congress a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.
- 35. 10. INFORMING POWER -the President shall address Congress at the opening of its regular session. He may also appear before it at any other time. 11. OTHER POWERS a. call Congress to a special session; b. approve or veto bills; c. deport aliens; d. consent to deputization of government personnel by COMELEC; e. discipline such deputies; f. general supervision over local government units and autonomous regional governments;
- 36. General Supervision- mere overseeing of subordinates to make sure that they do their duties under the law but does not include the power to overrule their acts, if these acts are within their discretion; g. Immunity from suit during his tenure is deemed implied in the Constitution h. By delegation from Congress, exercise emergency and tariff powers.
- 37. Conditions for the Exercise of the President of Emergency Powers: 1.There must be a war or national emergency; 2.There must be a law authorizing the President to exercise emergency powers; 3. Exercise must be for a limited period; 4. Must be subject to restrictions that Congress may provide; and 5. Exercise must be necessary and proper to carry out a declared national policy.
- 38. ART.VII – EXECUTIVE DEPARTMENT By: John Paul Espino De La Salle University – Dasmarinas Facebook.com/Johnpaul.dss