Executive Branch, President, and Vice President

Executive Branch

• The executive power involves administering laws, ensuring their practical application, and enforcing their observance.
• The executive branch is composed of the President, Vice President, and the Cabinet.

President and Vice President Qualifications

• To be elected President, one must be a natural-born Filipino citizen.
• A presidential candidate must be a registered voter.
• A presidential candidate needs to be able to read and write.
• The minimum age to be President is forty years on election day.
• Presidential candidates must have been a resident of the Philippines for at least ten years immediately before the election.

Presidential and Vice Presidential Term

• The President and Vice-President are elected by direct vote for a term of six years.
• The term starts at noon on the 30th of June following the election.
• The President is ineligible for re-election.
• Anyone who succeeds as President and serves more than four years is disqualified from running for the same office.
• The 1987 Constitution bars the Vice President from serving more than two consecutive terms.

Supervising Power

• Supervising Power is an inherent power of the President

Local Government

• Local government is composed of four political subdivisions plus autonomous regions
• The autonomous regions include Muslim Mindanao & Cordilleras (currently only the Cordillera Administrative Region).
• Congress can abolish individual units, but it cannot abolish an entire class of Local Government Units (LGUs).
• All political subdivisions enjoy local autonomy.
• Local autonomy is not complete freedom from the national government.
• The President can exercise disciplinary power over Local Government Unit (LGU) officials.

Presidential Supervision

• The President has general supervision over all LGUs.
• The President has direct supervision over Provinces, Autonomous regions, and Independent cities.
• Presidential power is limited to ensuring lower officers follow the law in their functions.
• The President can impose administrative sanctions on LGU officials, like suspension for up to 120 days, or removal from posts.
• Provinces supervise component cities and municipalities directly.
• Cities and municipalities supervise component barangays directly.

LGU Official Qualifications

• Elective local officials must be citizens of the Philippines.
• Local officials must be registered voters in their respective locality.
• Local officials must be residents for at least one year before election day.
• Local officials must be able to read and write Filipino or a local language/dialect.
• Candidates for governor, vice-governor, or member of certain local legislative bodies in highly urbanized cities must be at least 23 years old on election day.
• Candidates for mayor or vice-mayor of independent component cities, component cities, or municipalities must be at least 21 years of age on election day.

LGU Term of Office

• Elective local officials, including barangay officials, serve a term of 3 years.
• No elective official can serve more than 3 consecutive terms.
• Voluntary renunciation of office does not interrupt the continuity of service for the full term.

Cities

• Cities are classified as highly urbanized, component (under provincial control), and independent component (voters barred from provincial elections).

Autonomous Regions

• Autonomous Regions factors include:
• Historical heritage
• Cultural heritage
• Economic and social structures
• Other relevant characteristics

Diplomatic Power

• The President can sign treaties and negotiations.
• The President represents the country as head of government and state.
• "Executive Agreement" (EDCA) is part of Diplomatic Power.

Treaty-Making and Executive Agreements

• The president can make treaties and enter into executive agreements.
• The president can appoint ambassadors, public ministers, and consuls.
• Treaties require Senate ratification, while executive agreements don't.
• Executive agreements are binding international agreements the President enters without Senate concurrence.
• Executive agreements typically involve administrative or operational matters, such as trade or military.

Pardoning Power

• Pardoning power is an act of grace from the power entrusted with the execution of laws, exempting an individual from legal punishment for a crime.

Types of Pardons

• Pardons may be absolute or conditional, and plenary or partial.
• An Absolute Pardon is granted without conditions.
• A Conditional Pardon requires convicts to comply with requirements, but the convict can reject the pardon if the conditions are too onerous.

Limitations on Pardoning Power

• Pardons cannot be granted in cases of impeachment.
• Pardons cannot be granted for violations of election laws without the Commission on Elections' recommendation.
• A pardon can only be granted after conviction of final judgment.
• Pardons aren't granted in cases of legislative or civil contempt.
• Pardons do not absolve civil liability.
• Pardons cannot restore forfeited public offices.

Parole and Executive Clemency

• Parole is the conditional release of a prisoner after serving the minimum prison sentence.
• Executive Clemency is when Commutation of Sentence, Conditional Pardon, and Absolute Pardon are granted by the president with the Board's recommendation.

Amnesty

• Amnesty is a general pardon for a class of political offenders, either after conviction or before charges.
• Amnesty is a form of executive clemency granted by the executive branch with legislative concurrence via the constitution.

Budgetary Power

• The President is required to submit to Congress a budget of expenditures and financing sources within thirty days of the opening of every regular session.
• Congress may not increase appropriations recommended by the President.

Military Power

• Military power provides the authority to command all armed forces of the Philippines.
• It also offers the power to suspend the privilege of the writ of habeas corpus, and to declare martial law.

Veto Power

• Presidential vetoes can be overridden by a 2/3 vote of all members of Congress voting separately.

Privileges of the President

• Includes immunity from suit.
• Also includes executive Privilege, a constitutional doctrine allowing the President to withhold information from other branches, based on the doctrine of separation of powers.

Judicial Branch

• The judicial power is vested in courts and judges to hear and decide cases, interpret laws, and enforce or void statutes.

Scope of Judicial Power

• Adjudicatory Power includes the duty of justice to settle actual controversies involving legally demanded and enforceable rights.
• Adjudicatory Power establishes whether there has been a grave abuse of discretion amounting to lack or excess of jurisdiction to the part or any branch or instrumentality of the government.
• Power of Judicial Review includes the power to pass upon the validity or constitutionality of the laws of the state and the act of the other departments of the government.
• Power of Judicial Review includes the power to interpret and render binding judgements
• Incidental Power encompasses the power to punish persons adjudged in contempt.

Limitations on Judicial Power

• Courts cannot perform non-judicial functions.
• The judiciary cannot give advisory opinions.
• Judicial power yields to separation of powers, political questions, and enrolled bill rule.

Supreme Court

• The Supreme Court is the court of law.
• The Supreme Court's primary task is to resolve and decide cases or issues presented by litigants according to law.
• The Supreme Court is composed of 1 Chief Justice and 14 Associate Justices.

Supreme Court Qualifications

• Justices must be natural-born Filipino citizens.
• Justices must be at least 40 years of age.
• Justices must have been a judge of a lower court for 15 years or engaged in law practice in the Philippines for 15 years.
• Justices must be of proven competence, probity, and independence.

Judicial and Bar Council

• The Judicial and Bar Council recommends judiciary appointees to the President.
• The Judicial and Bar Council also exercises other functions and duties as the Supreme Court assigns.

Judicial and Bar Council Composition

• The Judicial and Bar Council is composed of the SC Chief Justice (ex officio Chairman).
• It is composed of the Secretary of Justice.
• The Judicial and Bar Council is also composed of the Representative of Congress with a term of 4 years, appointed by the President with the consent of CA.
• It is composed of the Representative of the Integrated bar of the Philippines.
• The Judicial and Bar Council is also composed of the Professor of Law, Retired member of SC & Representative of private sector.

Tenure and Removal of Supreme Court Justices

• Justices hold office during good behavior until they reach seventy or become incapacitated.
• Justices can be removed by impeachment.
• Grounds for impeachment include culpable violation of the constitution, treason, bribery, graft, corruption, high crimes, and betrayal of public trust.

Supreme Court Hearings

• Cases can be heard En banc or in divisions of 3, 5, or 7.
• Decisions require the majority of members who participated in deliberation and voting.

Cases Decided En Banc

• En banc decisions are required for cases involving the constitutionality of a treaty, international or executive agreement, Presidential decree, Ordinances and other regulations.
• En banc decisions are required for appeals from Sandiganbayan and From the Constitutional Commissions.
• Also, cases heard by division where a required majority of 3 was not obtained are also required a En banc decisions.

Additional En Banc Cases

• En banc decisions are required when the SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division.
• En banc decisions are required for administrative cases to discipline or dismiss judges.
• Finally, election contests for President and Vice President requires En banc decisions.

Constitutional Commissions

• Constitutional Commissions are directly created by the constitution.
• Constitutional Commissions creation is established because of the importance of their functions.
• These commissions are supreme within their own sphere.

Common Features of Constitutional Commissions

• Multi-headed bodies
• Categorized as independent by the constitution
• Their powers and functions are defined by the constitution
• Their commissioners are required to be natural-born citizens of the Philippines
• Their terms of office are staggered with 2-year interval
• Commissioners appointed are ineligible for reappointment for a period beyond the maximum tenure of 7 years
• Appointment for vacancy are only for the unexpired term of the predecessor
• Commissioners are removable only by impeachment

Independent Constitutional Bodies

• Civil Service Commission
• Commission on Elections
• Commission on Audit
• Commission on Human Rights (Art. XIII, Secs. 17-19)
• Office of the Ombudsman (Art. XI, Secs. 5-14)

Civil Service Commission

• Civil Service Commission is composed of a chairman and two commissioners appointed by the president with the consent of the Commission on Appointments.
• The Civil Service Commission has a term of office of 7 years without reappointment.
• It runs on a rotational appointment system with staggered terms of 7, 5, and 3 years.
• Qualifications: natural-born Filipino citizen, at least 35 years old, have proven capacity in public administration, and not have been a candidate for any elective position in the preceding election.
• Requisites: Merit system and security of tenure, and political neutrality
• Civil Service Commission promotes morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the Civil Service.
• The Civil Service Commissionadopts measures to strengthen the merit and reward system, integrates all human resources development programs for all levels and ranks, and institutionalizes a management climate conducive to public accountability. (Public Law No. 5 of 1990)

Commission on Elections

• The Commission on Elections is composed of a chairman and six commissioners appointed by the president with the consent of the Commission on Appointments
• the of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment.
• Qualifications: natural-born Filipino citizen, at least 35 years old holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections.
• A majority thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged in the practice of law for at least ten years.
• The Commission on Elections (COMELEC) is the premier guardian of the ballot.
• COMELEC's principal role is to enforce and administer all laws and regulations relative to the conduct of elections, plebiscites, initiatives, referendums and recalls.
• As protector of the people’s right of suffrage, the COMELEC endeavors to faithfully and evenly discharge its solemn constitutional responsibility of ensuring the sanctity of elections

Commission on Audit

• The Commission on Audit is composed of a chairman and two commissioners appointed by the president with the consent of the Commission on Appointments.
• With term of office of 7 years without reappointment
• With rotational appointment system with staggered terms of 7, 5, and 3 years
• The Commision on Audit requires the following: natural-born Filipino citizen who is at least 35 years old; Certified public accountant with not less than 10 years of auditing experience or member of the Philippine bar who have been engaged in the practice of law for at least 10 years; and must not have been a candidate for any elective position in the preceding election.
• Examines, audits and settles all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property owned or held in trust by, or pertaining to, the government and also serves as the central accounting office of the government

Commission on Human Rights

• Commission on Human Rights is composed of a Chairman and 4 members who must be Natural born citizens of the Philippines a Majority of whom shall be members of the Bar and appointed by the President without need for confirmation of the Commission on Appointments
• With term of office provided by law created in relation to the primacy of human rights
• The Commisssion on Human rights assures that the rule of law and not men shall reign in our land
• The CHR seeks to promote and protect human rights, investigate human rights violations, provide legal aid to victims of human rights violations, monitor the government's compliance with international human rights treaties, and recommend policies and standards to promote human rights

Office of the Ombudsman

• The Office of the Ombudsman investigates and prosecutes, on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient and has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of his primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases
• Directs, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties
• Directs the officer concerned to take appropriate action against a public officer or employee at fault or who neglects to perform an act or discharge a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary authority
• The Office of the Ombudsman requests any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents
• Determines the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency and Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any investigation or inquiry, including the power to examine and have access to bank accounts and records
• Investigates and initiates the proper action for the recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986 and the prosecution of the parties involved therein