Executive Branch of

the Government
Article VII of 1987 Philippine Constitution
 EXECUTIVE BRANCH
It carries out laws. It is composed of the President and the Vice President
who are elected by direct popular vote and serve a term of six years. The
Constitution grants the President authority to appoint his Cabinet. These
departments form a large portion of the country’s bureaucracy.

2
 Some Notes
3
◈ The Executive in the Philippine politics derives its
centrality mostly from its functions and roles.
⬩ Based on its historical evolution
⬩ Plenty of prestige is associated with the Office
of the Executive
Personalism has always been prevalent in the
Executive branch
 1

Powers of the President

The President shall have control of all the executive departments, bureaus,
and offices. He/she shall ensure that the laws be faithfully executed.
 Control Power
5
◈ The president shall have control of all the executive
departments, bureaus, and offices. The control power of the
president is directly derived from the Constitution. Thus, any
law that will limit the exercise of his control power is
invalid. The members of the cabinet as his alter ego are
under full control of the President. He may appoint them as
he sees fit, shuffle them at pleasure, and replace them in his
discretion without legal inhibition whatsoever. (ibid)
 Running for President
6
◈ Natural born citizen of the Philippines
◈ Registered voter
◈ Literate (can read and write)
◈ Atleast 40 years old on election day
◈ Resident of the country for 10 years
◈ Elected at large by plurality
 Term Limits
7
◈ The term of the President is for 6 years (no re-
election)
◈ No person who has succeeded and served as
President for 4 years can run again
◈ Vice President: maximum 2 terms.
 The President Cannot:
8
◈ Hold any other office or enjoy any other form of
employment.
◈ Make appointments two months prior to the next election
◈ Make appointments within the 4th civil degree of
consanguinity
◈ Increase his/her salary or that of the Vice President during
his/her term.
◈ Ratify foreign treaties
◈ Grant clemency in cases of impeachment
 Causes of Vacancy
9
◈ Death
◈ Permanent Disability
◈ Resignation
◈ Impeachment
 Causes of vacancy
10
◈ Written declaration that s/he is unable to discharge the
powers and duties of the office.
◈ If a majority of the Cabinet makes a written declaration that
the President cannot discharge the powers and duties of the
Office.
◈ The President can, at a later time. Inform the Congress s/he
is fit to perform his/her duties again.
◈ Congress can judge otherwise by a two-thirds vote of both
houses voting seperately
 Causes of vacancy
11
◈ If the president falls seriously ill
- The public will be informed of his/her state
of health
- Members of the Cabinet in charge of the
national security and foreign relations shall have
access to the President
- The Chief of Staff of the Armed Forces shall
have access to the President
 Control vs Supervision
12
◈ Control is defined as the power ◈ Supervision is to oversee that
of an officer to alter or modify subordinate officers to perform
or nullify or set aside what their duties. If the subordinates
subordinate officer had done in fail of neglect to fulfill them,
the performance of his duties then the officer may take such
and to substitute the judgement action or steps prescribed by
of the former of that of the the law to make them perform
latter. It includes the authority their duties
to order the doing of an act by a
subordinate or undo such act or
to assume a power directly
vested in him by law (Cruz,
2002)
 Section 18
13
◈ The President shall be the Commander-in-Chief of all armed for 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
habeas corpus of place the Philippines of any part thereof under martial
law.
◈ Within forty-eight hours from the proclamation of martial law or the
suspension of privilege of the writ habeas corpus, the President shall submit
a report or in person to the Congress.
 Section 18
14
◈ The Congress, voting jointly, by a vote of atleast 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 a need of call.
 Section 18
15
◈ The Supreme Court may review, in a appropriate proceeding filed by any
citizen, the sufficiency of the factual basis of proclamation of martial law
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 of jurisdiction on military courts and agencies
over civilians where civil courts are able to function, not automatically
suspend the privilege of the writ habeas corpus.
◈ The suspension of the privilege of the writ habeas corpus shall apply only to
persons judicially charged for rebellion or offenses inherent in, or directly
connected with invasion.
◈ During the suspension, any person thus arrested or detained shall be
judicially charged within three days, otherwise he shall be released.
 Section 19
16

Pardoning Power – 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 judgement:
He also have the power to grant amnesty with the concurrence of a majority of
all the Members of the Congress.
 Section 19
17
Pardon is an 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.
Parole is when the prisoner is released from the imprisonment but his
liberty is not fully restored because the parole is still considered in the
custody of the law although he is not in confinement.
Commutation is a reduction or mitigation of the penalty
Reprieve is merely a postponement of a sentence to a date certain, or a
stay of execution.
Amnesty is an act of grace given within the concurrence of the
Congress.
 Kinds of Pardon
18
Pardons may be classified into: Limitations
1. Absolute or conditional 1. It cannot be granted in case of
impeachment
2. Plenary or partial 2. It cannot be granted in cases of violations
of election laws without the favorable
recommendation of the Commission on
Elections
3. It can be granted only after conviction of
final judgement.
4. It cannot be granted in cases of legislative
contempt or civil contempt.
5. It cannot absolve the convict of civil
liability
6. It cannot restore publiv offices forfeited
 Section 20
19
Borrowing Power- the president may contract of guarantee foreign loans on
behalf of the Republic of the Philippines with prior concurrence of the Monetary
Board.
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 decision on
applications for loans to be contracted or guaranteed by the Government or
government-owned and controlled corporations which would have the effect of
the increasing foreign debt, and containing other matters as may be provided by
law.
 DIPLOMATIC POWER
The president is the spokesperson of the nation on external affairs. He may
deal with foreign states and governments, extend or withhold recognition,
maintain diplomatic relations, enter to treaties, and transact business on
foreign relations

20
 QUIZ
21
1. ____________is composed of the President and the Vice President who are elected by direct popular vote
and serve a term of six years. The Constitution grants the President authority to appoint his Cabinet.
2. ____________ is an 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.
3. ____________is merely a postponement of a sentence to a date certain, or a stay of execution.
4. The ___________ may review, in a appropriate proceeding filed by any citizen, the sufficiency of the
factual basis of proclamation of martial law and must promulgate its decision thereon within thirty days
from its filing.
5. ______________is defined as the power of an officer to alter or modify or nullify or set aside what
subordinate officer had done in the performance of his duties and to substitute the judgement of the former
of that of the latter.
6-9. Causes of Vacancy
10. ______________ the president may contract of guarantee foreign loans on behalf of the Republic of the
Philippines with prior concurrence of the Monetary Board.