The Executive Departmentand Powers of the President

Constitutional Law 1

EXECUTIVE POWER!

• It is the power to enforceand administer the laws(Cooley, Constitutional Limitation, 8th ed., p. 183)

• The executive power isvested in the President of the Philippines (Art. VII, Sec. 1)

Qualifications

• Natural Born Citizen

• A Registered Voter

• Able to Read and Write

• Atleast 40 years of age on the day of election

• Resident of the Philippines for atleast ten yearsimmediately preceding the election.

Term of Office• The President and Vice-

President shall be elected by the people for six (6) years. (Art. VII, Sec 4(1)

• Shall not be eligible for any re-election

• No Person who has succededas President xxx for more than4 years shall be qualified xxx (Art. VII, Sec 4)

Election1.)Regular – Second Monday of May, every six years

2.)Special-

a.) Death, Disability, Removalfrom office or Resignation

b.) Vacancies occur more thaneighteen months before nextelection

c.) A law passed by congress

Oath of officeBefore they enter the execution of their office, the

President and Vice-President shall take the oath or affirmation

Oath- an outward pledge made under an immediate sense of responsibility to God(Cruz,

2002)“I, do solemnly swear that I will faithfully and

conscientiously fulfill my duties as President of the Philippines, preserve and defend its

Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the

Nation. So help me God.”

Vice-President

• Qualifications are samewith the President.

• Eligible for the position of member of the Cabinet(no need for CA confirmation)

• Allowed to serve for twosuccessive terms.

Presidential Succession(Sec 7-8)

2 sets of rule:

a.) Occuring before the term– Death/Permanent Disability

– Failure to elect the President

– Failure to qualify

b.) Occuring mid-term– Death/Permanent Disability

– Removal

– Resignation

Estrada vs Desierto ; Estrada v. Macapagal-

ArroyoHeld:• Resignation of Estrada cannot be doubted.In the press release containing his final statement, (1) he acknowledge the oath taking of Arroyo; (2) emphasize leaving the palace; (3) expressed gratitude for the opportunity to serve; (4) he will not shrink from any future challenges; (5) called on his supporters to promote a national spirit of reconciliation and solidarity. Certainly, the national spirit of reconciliation and solidarity could not be attained if he did not give up the presidency. The press release was his valedictory, his final act of farewell.

• The Congress had, by resolution, formally recognized GMA as the constitutional successor of Joseph Estrada by reason of his resignation as President.

Prohibitions and Inhibitions

1. No increase in salaries during the term.2. Shall not receive emoluments3. Shall not hold any other office.4. Shall not, directly or indirectly, practice

any other profession, business, or befinancially interested in any other contractwith franchises of the government.

5. Avoid conflict of interest in the conductof their office

6. May not appoint spouse or relatives by consanguinity or affinity within 4th civil degree

(ART. VII, SECTIONS 6, 13)

POWERS OF THE PRESIDENT1.) Executive Power

2.) Power of

Appointment

3.) Power of Removal

4.) Power of Control

5.) Military Powers

6.) Pardoning Power

7.) Borrowing Power

8.) Diplomatic Power

9.) Budgetary Power

10.)Informing Power

11.)Residual Power

• Other Powers

Executive Power

• President shall have the control of all executivedepartments, bureaus, and offices. He shallensure that laws are faithfull executed (Art. VII, Sec.17)

• Until and unless a law is declaredunconstitutional, the President has a duty to execute it regardless of his doubts as to itsvalidity(Faithful Execution Clause) (Cruz, Phil. Political Law)

Power of Appointment

• Selection by the authority vestedwith the power, of an individualwho is to exercise the functions of a given office.

• Kinds of PresidentialAppointment(Sec.15)• Appointment made by an Acting

President• Midnight Appointment• Regular Presidential Appointment• Ad-Interim Appointment

Power of Appointment

• Appointments Requiringthe consent of the Commission on Appointments(VII, Sec.16)• A.) Heads of executive

departments(except VP)• B.) Ambassadors and other

public ministers and consuls• C.) Officers of the AFP

from the rank of colonel or naval captain

• D.) Officers whoseappointments are vested in him by the Constitution

Appointments without the

need of CA Confirmation

• Those vested by the

Constitution on the

President alone

• Appointments that are not

otherwise provided by law

• Those authorized by law to

appoint

• Officers lower in rank

whose appointment is

vested by law in the

President Alone

1. Executive Secretary

2. Secretary of Agrarian Reform

3. Secretary of Agriculture

4. Secretary of Budget and Management

5. Secretary of Education

6. Secretary of Energy

7. Secretary of Environment and Natural

Resources

8. Secretary of Finance

9. Secretary of Foreign Affairs

10. Secretary of Health

11. Secretary of Justice

12. Secretary of Labor and Employment

13. Secretary of National Defense

14. Secretary of Public Works and

Highways

15. Secretary of Science and Technology

16. Secretary of Social Welfare and

Development

17. Secretary of the Interior and Local

Government

18. Secretary of Trade and Industry

19. Secretary of Transportation and

Communications

20. Secretary of Tourism

21. Commission on Higher Education

21. Director General of the National

Economic and Development Authority

Not all Cabinet members, however, are subject to

confirmation of the Commission on

Appointments.

According to the Commission of Appointments

website, the following need confirmation in order

to assume their posts:

Power of Removal

• General Rule: This power isimplied from the power to appoint(Cruz)

• Exception – Those appointed by him where the Constitution prescribes certain methods for separation from public service.

Power of Control

• Control – The power of an officer to alter, modify, nuillify, or set aside what a subordinate officer haddone in the performance of his duties and to substitute the judgement of the former for that of the latter.

• Supervision – Overseeing or the power or authorityof an officer to see that subordinate officersperform their duties. If the latter fail or neglect to fulfill them, then the former may take such action or steps as prescribed by law to make them performthese duties.

Doctrine of Qualified PoliticalAgency or Alter Ego Principle

The multifarious executive and administrative functions of the Chief

Executive are performed by and throughthe executive departments. The acts of the Secretaries of Executive departments xxx in

the regular course of business or unlessdispproved xxx are presumptively the acts

of the Chief Executive.

Military Powers

1.) Commander-in-Chief clause• To call out the Armed Forces to prevent or

suppress lawless violence, invasion or rebellion(whenever it becomes neccessary);

• Vested directly by the Constitution

• Authority to declare a state of rebellion

• Military Tribunals are simply instrumentalities of the executive power provided by the legislature for the Commander-in-Chief to aid him in enforcingdiscipline in the armed forces.

Military Powers

2.) Suspension of writ of Habeas Corpus– A writ directed to the person detaining another, commanding

him to produce the body of the prisoner at a designated time and place xxx the object of which is the liberation of thosewho may be in prison without sufficient cause.

– Ground for suspension: invasion, rebellion, when public safety requires it

Effects of suspension of Writ:• does not affect the right to bail• Applies only to persons facing charges of rebellion• The arrested must be charged within 3 days; if not

they must be released• Does not supersede civilian authority.

Military Powers

3.) Martial LAW– Grounds for declaration: Invasion and Rebellion

• The following cannot be done:– Suspend the operation of the Constitution

– Supplant the function of the civil courts and legislativeassemblies

– Violate Open Court Doctrine(civilians cannot be triedby military courts if the civil courts are open and functioning)

– Automatically suspend the writ of Habeas Corpus

Military Powers

Constitutional Limitations of Martial LaW

And the suspension of privilege of Habeas Corpus:

• Not more than 60 days, unless extended by congress

• President to report to congress within 48 hours

• Authority of the congress to revoke or extend

• Authority of the Supreme Court to inquire of the factual basis for such action

Ways to lift proclamation or suspension:I. By the President himselfII. Revocation by CongressIII. Nullification by the Supreme CourtIV.By operation of law after 60 days

Pardoning Power(Sec.19)

Pardon- Act of grace which exempts individual from punishment which the law inflicts.

As to effect:

a.)Plenary or b.)Partial

As to presence of condition:

a.)Conditional Pardon or b.)AbsolutePardon

Pardoning Power(Sec.19)

Amnesty – A general pardon to rebelsfor their treason or political offence; itso overlooks and obliterates the offnsewith which he is charged.

Person released by amnest stands before the law precisely as though hehad committed no offense.

Other forms of executive clemency:

• Commutation – reduction or mitigation of penalty• Reprieve – postponement of sentence or stay of

execution• Parole – release from imprisonment, but without full

restoration of liberty(in custody of law although notin confinement

• Remission of fines and forfeiture – Prevents thecollection of fines and confiscation of forfeitedproperty; cannot affect rights of third party andmoney already in the treasury.

Borrowing Power(Sec. 20)• The President may contract or

guarantee foreign loans on behalf of the Republic with the concurrence of the Monetary Board, subject to suchlimitations as may be provided by law.

• The Monetary board shall submit to the Congress report on loans within 30 daysfrom the end of every quarter.

Diplomatic Power(sec.21)

• No treaty or international agreement shall be valid and effective unless concurred in by atleast 2/3 of all the Members of the Senate

• The power to ratify is vested in the President, subject to the concurrence of the Senate.

Other foreign affairs powers:a.) power to make treatiesb.) the power to appoint ambassadors, public ministers, and consulsc.) power to receive ambassadors and other public ministersd.) Deportation Power

Budgetary Power

• Within 30 days from the opening of every regularsession, President shall submit to Congress a budget or expenditures and sources of financing, including receipts from existing and proposedrevenue measure.

• Congress may not increase the appropriation recommended by the President for the operationof the Government as specified in the budget.

Informing Power

• The President shall addressCongress at the opening of itsregular session. He may also appearbefore it at any other time.

• The information may be needed for the basis of legislation(Cruz)

• The President usally discharges the informing power through what isknown as the State of the Nation Address

Marcos v. Maglapus

Held:The powers of the President cannot be said to

be limited only to the specific powers enumerated inthe Constitution. Executive power is more than thesum of specific powers so enumerated.

Residual unstated powers of the President areimplicit in and correlative to the paramount dutyresiding in that office to safeguard and protectgeneral welfare.

The President xxx has unstated residual powerxx which are necessary for her to comply with herduties.

Residual Power

Other Powers

a.) Call to Congress to a special session

b.) Approve or veto bills

c.) Deport Aliens

d.) Consent to deputization of governmentpersonnel by COMELEC and discipline them

e.) Exercise emergency(war, law, limited, necessary) and Tariff powers

f.) Power to classify or reclassify lands