THE EXECUTIVE DEPARTMENT

EXECUTIVE DEPARTMENT

Executive Powerthe power to enforce and administer laws, vested in the President of
the Philippines as provided by Article VII Section 1 of the 1987
Constitution, who assumes a plenitude of authority with the
corresponding responsibility that makes him the most influential person
in the land.

Qualifications (Sec. 2)
1. Natural-born citizen
o A natural-born citizencitizen of the Philippines from birth without having
to perform any act to acquire or perfect his Philippine citizenship.
o Naturalized citizenacquires his Philippine citizenship after birth by any
modes allowed by law.
2. Registered voter
o Citizen of the Philippines
o At least 18 years of age
o A resident of the Philippines for at least one year and in the place
wherein they propose to vote for at least 6 months immediately
preceding the election
3. Able to read and write
4. At least 40 years of age
5. A resident of the Philippines for at least 10 years immediately preceding such
election

Election and Term of Office (Sec. 4)

Election held every 2nd Monday of May at six-years interval
President and Vice President shall be elected by direct vote of the people
Term shall be six years with no reelection for the President while the VP can serve
for not more than 2 consecutive terms
Term shall begin at noon on the thirtieth day of June next following the day of the
election and shall end at noon of the same date six years after
No person who has succeeded as President and has served for more than four years
shall be qualified for election to the same office at any time
May be removed through impeachment
VP is eligible for a position in the Cabinet, appointment needs no confirmation by
the Commission on Appointments

Oath of Office (Sec. 5)

Marks the formal assumption of the President and VP of their offices.

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THE EXECUTIVE DEPARTMENT
Sec. 6 The President shall have an official residence. The salaries of the President and
Vice President shall be determined by law and shall not be decreased during their
tenure. No increase in said compensation shall take effect until after the expiration of
the term of the incumbent during which such increase was approved. They shall not
receive during their tenure any other emolument from the government or any other
source.

Presidential Succession (Sec. 7 & 8)

If the President fails to qualifyVP shall act as President until the President-
elect shall have qualified
If a President has not been chosenVP shall act as President until
President has been chosen
If at the beginning of the term the President died or permanently
disabled.VP shall be the President
If no President or VP chosen or qualified..Senate President or House Speaker shall
act as President and VP

Sec. 9 In case of vacancy in the Office of the VP, the President shall nominate from the
members of the Congress and they shall be voted upon with a majority vote from all the
members of the houses voting separately.

Sec. 11 Whenever a President transmits to the Senate President and the House Speaker
his written declaration that he is unable to discharge the powers and duties of his office,
and until he transmits to them a written declaration to the contrary, such powers and
duties shall be discharged by the VP as acting President.
Whenever a majority of all the Members of the Cabinet transmit to the President of the
Senate and to the Speaker of the House of Representatives their written declaration
that the President is unable to discharge the powers and duties of his office, the VP shall
immediately assume the powers and duties of the office as Acting President.
When the President transmits to the President of the Senate and to the Speaker of the
House of Representatives his written declaration that no inability exists, he shall
reassume the powers and duties of his office. Meanwhile, should a majority of all the
Members of the Cabinet transmit within five days to the President of the Senate and to
the Speaker of the House of Representatives their written declaration that the President
is unable to discharge the powers and duties of his office, the Congress shall decide this
issue. For that purpose, the Congress shall convene if it is not in session, within forty-
eight hours, in accordance with its rules and without need of call.
If the Congress, within ten days after receipt of the last written declaration, or, if not in
session, within twelve days after it is required to assemble, determines by a two-thirds

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THE EXECUTIVE DEPARTMENT
vote of both Houses, voting separately, that the President is unable to discharge the
powers and duties of his office, the Vice President shall act as President; otherwise, the
President shall continue exercising the powers and duties of his office.

Sec. 12 In case of serious illness of the President, the public shall be informed of the
state of his health. The Members of the Cabinet in charge of national security and
foreign relations and the Chief of Staff of the Armed Forces of the Philippines shall not
be denied access to the President during such illness.

Sec. 13 The President, Vice President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any other office
or employment during their tenure. They shall not, during said tenure, directly or
indirectly practice any other profession, participate in any business, or be financially
interested in any contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency, or instrumentality thereof, including any
government-owned or controlled corporations or their subsidiaries. They shall strictly
avoid conflict of interest in the conduct of their office.
The spouses and relatives by consanguinity or affinity within the fourth civil degree of
the President shall not during his tenure be appointed as Members of the Constitutional
Commission, or the Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including government-owned or controlled
corporations and their subsidiaries.
Exceptions: Sec.3 authorizing the VP to become a member of the cabinet
Sec. 13 posts occupied by the Executive officials without additional
compensation in ex officio capacities a s provided by law and as required by the
primary functions of the officials office.

Executive Privilege
The power of the Government to withhold information from the public, the courts,
and the Congress.
The right of the President and high-level executive branch officers to withhold
information from Congress, the Courts, and ultimately the public.

Informers PrivilegeThe privilege of the government not to disclose the identity of a person or
persons who furnish information on violations of law to officers charged with the enforcement
of that law. It requires that the suspect involved need not to be notorious as to be a threat to
national security.

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Presidential Communications PrivilegePresumed privileged without distinguishing between
those which involve matters of national security and those which do not. The rationale is that
a frank exchange of exploratory ideas and assessments, free from the glare of publicity and
pressure by the interested parties, is essential to protect the independence of decision-making
of those tasked to exercise presidential, legislative, and judicial power. It has three elements:
(1) Protected communication must relate to a quintessential and non-delegable presidential
power; (2) The communication must be authored or solicited and received by a close advisor of
the President; and (3) That it remains a qualified privilege that may be overcome by a showing
of adequate need. (Not absolute)

Deliberate Process PrivilegeCovers documents reflecting advisory opinions, recommendations

and deliberations comprising part of a process by which governmental decisions and policies
are formulated.

Diplomatic Negotiations PrivilegeTo encourage a frank exchange of exploratory ideas

between the negotiating parties by shielding such negotiations from public view.

Presidential Immunity
The President, during his tenure of office or actual incumbency, may not be sued in
any civil or criminal case, and there is no need to provide for it in the Constitution or law,
for it will degrade the dignity of the Head of State if he can be dragged into court
litigations while serving as such.

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THE EXECUTIVE DEPARTMENT

POWERS OF THE PRESIDENT

Overview
The President of the Philippines is the Executive of the government of the Philippines, and no other.
(Villena vs. Secretary of the Interior 67 Phil 451)
All executive authority is thus vested in him. (Plamas vs. Gil 67 Phil 62)
The general grant of the executive power under Sec. 1 were either an enumeration and emphasis of
specific functions of the Executive, not all inclusive, or were limitations upon the general grant of
executive power. (Myers vs. United States 272 US 52)
Executive power is more than the sum of specific powers enumerated. (Marcos vs. Manglapus 177
SCRA 668)

I. The Appointing Power

The Removal Power

II. The Control Power

III. The Take-Care Clause

IV. The Military Power

Command of the Armed Forces
Habeas Corpus
Martial Law
Limitations on the Military Powers

V. The Pardoning Power

Definitions
Limitations
Kinds of Pardon

VI. The Borrowing Power

VII. The Diplomatic Power

VIII. The Budgetary Power

IX. The Informing Power

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I. The Appointing Power

Appointmentthe selection, by the authority vested with the power, of an individual

who is to exercise the functions of a given office.
It is the act of designation by the appointing officer, body or board, to whom
that power has been delegated, of the individual who is to exercise the
functions of a given office.

Sec. 14 Appointments extended by an acting President shall remain effective unless

revoked by the elected President within ninety days from his assumption of office.

Sec. 15 Two months immediately before the next presidential elections and up to the
end of his term, a President or Acting President shall not make appointments except
temporary appointments to executive positions when continued vacancies therein
will prejudice public service or endanger public safety.

Sec. 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.

Permanent appointmentsthose extended to persons possessing the requisite

eligibility and are thus protected by the constitutional provision on security of
tenure.
Temporary appointmentsthose given to persons without such eligibility, are revocable
at will and without the necessity of just cause or a valid investigation, with the
understanding that the appointing power has not yet decided on a permanent
appointee and that the temporary appointee may be replaced at any time a final
choice shall have been made by the President.

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THE EXECUTIVE DEPARTMENT
Designationan imposition of additional duties, usually by law, upon a person already in
the public service by virtue of an earlier appointment.

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THE EXECUTIVE DEPARTMENT
Officials subject to the appointing power of the President

1. Heads of the executive department

2. Ambassadors, other public ministers and consuls
3. Officers of the armed forces from the rank of colonel or naval captain (does
not require confirmation by the Commission on Appointments)
4. Those other officers whose appointments are vested in him by the
Constitution (e.g. Ombudsman)
5. All other officers of the government whose appointments are not provided for
by law (e.g. CHR Chairman)
6. Those whom he may be authorized by law to appoint
members of the various statutory administrative agencies (e.g. ARMM
Officers-in-Charge)

Ad interim appointmentsappointments made during the recess of the Congress and

becomes effective then, subject to confirmation r rejection later, during the next
legislative session. It is, however, permanent on the reason that it takes effect
immediately and can no longer be withdrawn by the President once the
appointee has qualified into office.

Regular Appointments Ad interim Appointments

1. Made during the legislative session 1. Made during the recess
2. Made only after the nomination is 2. Made before such confirmation
confirmed by the Commission on
Appointments 3. Cease to be valid if disapproved by the
3. Once confirmed by the Commission
Commission on Appointments or upon
on Appointments, continues until the
the next adjournment of the Congress.
end of the term of the appointee
It also could be by-passed through
inaction of, and so disapproved
impliedly by the Commission on
Appointments.

Removal Power
Presidential appointees that cannot be removed by the President:
1. Members of the Supreme Court and Constitutional Commission...
.impeachment
2. Judges of inferior courts...disciplinary authority and removable by the
Supreme Court
3. Ombudsman
.impeachment

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4. Elected local
officials
proper courts

Presidential appointees that can be removed by the President:

1. Members of the Cabinet and other executive officials whose term of office is
determined at the pleasure of the President

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II. The Control Power

Control Powerthe power of an officer to lay down rules in the doing of an act and if
they are not followed, alter or modify or nullify or set aside what a
subordinate officer had done in the performance of his duties and to
substitute the judgment of the former for that the latter.
It includes he authority to order the doing of an act by a subordinate or to
undo such act or to assume a power directly vested in him by law.

Sec. 17 The President shall have control of all the executive departments, bureaus and
offices. He shall ensure that the laws be faithfully executed.

Supervisionthe overseeing or the power or authority of an officer to see that

subordinate officers perform 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 perform these duties.

General rule: The President has full control over the members of his Cabinet.
Exception: There are practical or political considerations that may limit his freedom or
control over them.

Cabinet members : always subject to the disposition of the President, being his alter ego

Alter egothe department secretaries are assistants of the President and their acts are
presumed to be those of the latter unless disapproved or probated by him.

Qualified political agencyThe heads of the various executive departments are the
alter egos of the President.
The acts of the cabinet members performed and promulgated in the
regular course of business, are, unless disapproved or reprobated by
the Chief Executive, presumptively the acts of the Chief Executive.
Exception: acts done by cabinet secretaries din their capacity as
ex officio board directors of a government-owned or controlled
corporation of which they become members not by appointment
of the President but by authority of law.

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Doctrine of exhaustion of administrative remediesan appeal to higher administrative
authority; a further appeal from a decision of a cabinet secretary
make be taken to the Office of the President before resorting to
judicial action.

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III. The T a k e C a r e Clause

The power to take care that the laws be faithfully executed by the President as
a law enforcer.
Constitution
Statutes
Judicial decisions
Administrative rules and regulations
Municipal ordinances
Treaties entered into by our government

The President, however, is not under obligation to enforce a law which in his belief is
unconstitutional.
Nonetheless, it is not the power of the President to determine the constitutionality of a law.
Thus, until a law is declared unconstitutional, the President has a duty to execute it
regardless of his doubts.

Faithful execution clause

The creation of ad hoc committees
The President has the power to conduct investigations to aid
him in ensuring the faithful execution of laws, and to create
bodies to execute this power.

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IV. The Military Power

Sec. 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 for 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 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 or jurisdiction on military courts and agencies over civilians where civil
courts are able to function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons judicially charged
for rebellion or offenses inherent in or directly connected with the invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained
shall be judicially charged within three days, otherwise he shall be released.

This is supported by Art. II Sec. 3 providing that civilian authority is, at all times, supreme
over the military.thus, by making the President the commander-in-chief of the armed
forces, the Constitution lessens the danger of a military take-over of the government and
at the same time adhering to the republican nature of the state with the President being
the representative of the people.

Military Power enables the President to:

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THE EXECUTIVE DEPARTMENT
1. Command all the armed forces of the Philippines
2. Suspend the privilege of the writ of habeas corpus
3. Declare Martial Law

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1. Command the Armed Forces

In theory, the President

Plans all the campaigns
Establishes all sieges and blockades
Directs all marches
Fights all battles

Court martialsagencies of executive character which may be convened by the President

independently of legislation, and by the virtue of his constitutional function as commander-
in-chief to aid him properly commanding the army and navy enforcing discipline therein.

Kuroda vs. Jalandoni 42 OG 4282

Kuroda was tried in the national war crimes office in pursuant to E.O. No. 68 for
having permitted his troops to commit atrocities against civilians and prisoners. He
questioned the validity of the E.O. The Supreme Court ruled that the Philippines is a
signatory to international law including The Hague Convention as provided by in Art. II of
its Constitution. Also, that the E.O. is thus constitutional since it is an exercise by the
President of his powers as commander-in-chief of the armed forces.

Calling out powerthe power of the President to call out the armed forces to prevent or
suppress lawless violence, invasion, or rebellion.
Cannot be called to enforce or implement laws governing family and
property relations, customs laws, laws on obligations and contracts, and
the like, but only to suppress violence.
CAN ONLY BE EXERCISED BY THE PRESIDENT.

Military power includes conducting peace negotiations.

The President may validly prohibit a military officer from testifying in a legislative inquiry,
without prejudice to the right of the legislative body.

The President can be held responsible or accountable for extrajudicial killings and enforced
disappearances in the context of amparo proceedings on the basis of the doctrine of
command responsibility.
Requisites:
1) The existence of a superior-subordinate relationship between the accused as the
superior and the perpetuator of the crime as his subordinate
2) The superior knew or had reason to know that the crime was about to be or had been
committed

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THE EXECUTIVE DEPARTMENT
3) The superior failed to take the necessary and reasonable measures to prevent the
criminal acts or punish the perpetuators thereof

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2. Habeas Corpus

Writ of Habeas Corpusa writ directed to the person detaining another, commanding
him to produce the body of the prisoner at a designated time and
place. It is a high prerogative common law which aims to liberate
those who may be in prison without sufficient cause.

Art. III Sec. 15 The privilege of the writ of habeas corpus shall not be suspended except
in cases of invasion or rebellion, when the public safety requires it.

The one suspended is the PRIVILEGE and not the WRIT.

When the court receives an application for the writ, and when it finds the
petition in proper form, it will issue the writ as a matter of course

The Supreme Court has the POWER TO ANNUL the suspension of the privilege of the
writ of habeas corpus if it is not based on
1.) Invasion or rebellion
2.) When the public safety requires it

Montenegro doctrinethe suspension of the privilege of the writ of habeas corpus was a
political question to be resolved solely by the President.
Restrictive custody orderlimiting the police officers physical movements and liberties to
leave camps

3. Martial Law

Martial lawthat 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 civil function.
The notice to the citizen that military powers have been called upon by the
executive to assist him in the maintenance of law and order.
Effects:
1.) No new powers shall be given to the executive
2.) No civil rights of the individuals are suspended
3.) Relation of the citizens to their State is unchanged

Powers exercised by the President during Martial Law

1.) Arrests and seizures without judicial warrants
2.) Ban on public assemblies
3.) Take-over of news media and agencies and press censorship
4.) Issuance of Presidential Decrees

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Limitations of the Military Powers of the President
1. He may call out the armed forces when it becomes necessary to prevent or
suppress lawless violence, invasion, or rebellion only.
2. The grounds for the suspension of the privilege of the writ of habeas corpus
and the proclamation of martial law are now limited only to invasion or
rebellion, when the public safety requires it.
3. The duration of such suspension or proclamation shall not exceed sixty days,
following which it shall be automatically lifted.
4. Within forty-eight hours after such suspension or proclamation, the President
shall personally or in writing report his action to the Congress. If not in session,
Congress must convene within 24 hours without need for a call.
5. The Congress may then, by a majority vote of all its members voting jointly,
revoke his action.
6. The revocation may not be set aside by the President.
7. By the same vote and in the same manner, the Congress may, upon initiative of
the President, extend his suspension or proclamation for a period to be
determined by the Congress if the invasion or rebellion shall continue and the
public safety requires the extension.
8. The action of the President and the Congress shall be subject to review by the
Supreme Court which shall have the authority to determine the sufficiency of
the factual basis of such action. This matter is no longer considered a political
question and may be raised in an appropriate proceeding by any citizen.
Moreover, the Supreme Court must decide the challenge within thirty days from
the time it is filed.
9. Martial law does not automatically suspend the privilege of the writ of
habeas corpus or the operation of the Constitution. The civil courts and the
legislative bodies shall remain open. Military courts and agencies are not
conferred jurisdiction over civilians where the civil courts are functioning.
10. The suspension of the privilege of the writ of habeas corpus shall apply only
to those persons facing charges of rebellion or offense inherent in or
directly connected with invasion. Any person arrested for such offenses
must be judicially charged therewith within three days. Otherwise he shall be
released.

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V. The Pardoning Power

Sec. 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.

Executive clemencygranted for the purpose of relieving the harshness of the law or
correcting mistakes in the administration of justice. It can only be exercised by the
discretion of the President.
Pardonan act of grace which exempts the individual on whom it is bestowed from the
punishment which the law inflicts for the crime he has committed.
Commutationa reduction or mitigation of the death penalty.
Reprievepostponement of a sentence to a date certain, or a stay of execution.

Limitations
1. Cases of impeachment
2. Violations of any election law, rule or regulation without the favorable
recommendation of the Commission on Elections
3. Those which has been granted final judgment

Kinds
1. Absoluteone extended without any strings attached. The convict has no option at
all.
2. Conditionalone under which the convict is required to comply with certain
requirements. Offender has the right to reject it.
3. Plenaryextinguishes all the penalties imposed upon the offender, including
accessory disabilities
4. Partialdoes not extinguish all the penalties

Effects
1. Restore the offenders liberty
2. Restore the offenders civil and political rights

Pardon vs. Parole

Parole only involves release but no restoration of his liberty, thus still in the custody
of law.

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Parole vs. Probation
Parole is executive and presupposes the prior service of part of the sentence while
probation is judicial and may be granted before actual service of sentence.
Amnestycan only be granted by the President only with the concurrence of the Congress
with a majority of all the members.

Pardon Amnesty
1. Condones infractions of the peace of 1. Addressed to crimes against the
the State sovereignty of the State, to political
offenses, forgiveness being deemed
more expedient for the public
2. Usually addressed to an individual welfare than prosecution and
punishment
2. Usually generally addressed to
3. There must be a distinct act
classes or even communities of
acceptance
persons
3. There may or may not be a distinct
act of acceptance so that if other
rights are dependent upon it and
4. Does not require the concurrence of
are asserted, there is affirmative
the Congress
evidence of acceptance
5. A private act of the President which
4. Requires the concurrence of the
must be pleaded and proved by the
Congress
person pardoned because the courts
do not take notice of it
5. A public act of which the court takes
6. Looks forward and relieves the
judicial notice
offender from the consequences of
an offense of which he has been
6. Looks backward and abolishes and
convicted
puts into oblivion the offense itself;
overlooks and obliterates the
offense with which he is charged
that the person released by
amnesty stands before the law
precisely as though he had
committed no offense

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VI. The Borrowing Power

Sec. 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 decisions on applications for loans to be contracted or guaranteed nu 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.

Exception: the power is subject to the limitations provided in the above section.

Purpose of the provision: to reverse the extraordinary authority granted by the 1973
charter to the President
Rationale:
1. To avoid being unfair to the future generations of taxpayers who will
inherit the burden but not the benefits of these debts
2. To avoid the possibility that foreign lending institutions like the World
Bank and the International Monetary Fund will impose conditions on these
loans that might impair our economic and even political independence

Quintessentialthe most perfect embodiment of something, the concentrated essence

of substance

Non-delegablea power or duty cannot be delegated to another, or, even if delegated,

the responsibility remains with the obligor

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VII. The Diplomatic Power

As a head of State, the President is supposed to be the spokesman of the nation on

internal affairs. He may
1. Deal with foreign states and governments
2. Extend or withhold recognition
3. Maintain diplomatic relations
4. Enter into treaties
5. Transact the business of foreign relations

Sec. 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.

Concurrence of the Senate is necessary to avoid the resurgence of another dictatorship.

Executive agreementa treaty within the meaning of that word in international law
and constitutes enforceable domestic law.
Not included in the phrase international agreement.
Does not require legislative concurrence.
Less formal than a treaty, and deals with a narrower range of subjects.
Requirements:
1. Agreement must be between states
2. Must be written
3. Must be governed by the international law

Treaties vs. Executive Agreements

Under international law, there is no difference between treaties and international
agreements in terms of their binding effects on the contracting states as long as the
negotiating functionaries have remained within their powers. In domestic sphere, nothing
can be held valid if it violates the Constitution. A treaty has higher dignity than an
executive agreement because its constitutional efficacy is beyond doubt, having behind it
the authority of a President, the Senate, and the people. Also, a ratified treaty takes
precedence over any prior statutory enactment.
An executive agreement cannot be used to amend a duly ratified and existing treaty.

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VIII. The Budgetary Power

Sec. 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.

Entrusted to the President, being the Chief Executive, on the reason that he is the
best in position to determine the needs of the government and propose the
corresponding appropriations therefore on the basis of existing or expecting source of
revenue.
The power to recommend the budget necessary for the operation of the government,
which implies that he has the necessary authority to evaluate and determine the
structure that each government agency in the executive department would need to
operate in the most economical and efficient manner.
The Congress may not increase the appropriations recommended by the President
for the operation of the Government as specified in the budget. (Art. VI Sec. 25)

IX. The Informing Power

Sec. 23 The President shall address the Congress at the opening of its regular session.
He may also appear before it at any other time.

First sentencenot compellable

Can be discharged through the State of the Nation Address.

X. Other Powers

1. Call the Congress to special session

2. Approve or veto bills
3. Consent to the deputization of government personnel by the Commission on
Elections
4. Discipline its deputies
5. Exercise emergency and tariff powers (delegation of powers)

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