Philippines Executive Branch Quiz

The Executive Branch

• The Executive Branch enforces, implements, and administers the laws of the Philippines.
• The President is the head of the Executive Branch and is elected through direct voting by the plurality of registered voters.
• The President serves a six-year term, starting on June 30th following the election.

Qualifications for Presidency

• Natural-born Filipino citizen
• Registered voter
• Able to read and write
• At least 40 years old on election day
• Resident of the Philippines for at least 10 years prior to the election.
• Same qualifications apply to the Vice-President.

Line of Succession

• Vice-President
• Senate President (Acting Capacity only)
• Speaker of the House of Representatives (Acting Capacity only)

Vacancy in the Office of the Vice-President

• The President nominates a Vice-President from the Senate or House of Representatives.
• The nominee assumes office after confirmation by a majority vote of both houses of Congress.

Powers of the President

• Executive Power
• Power of Appointment
• Administrative Power
• Power of Control
• Power of Supervision
• Military Power
• Pardon and Amnesty
• Borrowing Power
• Diplomatic Power
• Budgeting Power
• Emergency Power
• Tariff Power

Executive Power

• Enforces, implements, and administers laws.

Power of Appointment

• Appoints heads of executive departments, ambassadors, public ministers, consuls, officers of the armed forces from the rank of colonel or naval captain, and other officers as specified in the Constitution.

Administrative Power

• Controls all executive departments, bureaus, and offices.
• Ensures faithful execution of laws.

Power of Control

• Nullifies or modifies judgments of subordinates.
• Undoes or redoes actions of subordinates.
• Sets rules for subordinates' duties.

Power of Supervision

• Ensures compliance with rules that the Executive Branch did not create.

Military Power

• Commander-in-Chief of the Armed Forces.
• Power to call out the armed forces, suspend the privilege of the writ of habeas corpus, and declare martial law.

"Calling Out Power"

• The President can order the Armed Forces to suppress unlawful violence.

"To Suspend the Privilege of the Writ of Habeas Corpus"

• Habeas corpus is a legal action to challenge unlawful detention.
• The President can suspend the privilege of habeas corpus during rebellion or invasion when required by public safety.

Effects of Suspending the Privilege of Habeas Corpus

• Persons suspected of rebellion or related offenses can be arrested and detained without a warrant.
• This is justified by the emergency situation and the difficulty in obtaining a warrant due to time constraints.
• Detainees must be judicially charged within 3 days or released.
• If not charged or released after 72 hours, the public officer is liable for "delay in delivery of detained persons" under the Revised Penal Code (RPC).
• The right to bail is not impaired during a suspension of the privilege of habeas corpus.

Martial Law Power

• The President can declare martial law during rebellion or invasion when required by public safety.
• Martial law is temporary rule by military authorities in a designated area when civil authorities are unable to function.
• The President has 48 hours to report the proclamation to Congress, which then decides whether to revoke or suspend the declaration.

Rebellion

• The President only needs to convince himself that there is probable cause for rebellion to declare martial law.

Lifting Martial Law or the Suspension of Habeas Corpus

• By the President himself.
• By revocation from Congress.
• By nullification from the Supreme Court.
• By operation of law after 60 days if no extension is granted.

Pardon and Amnesty

• The President has the power to grant pardons and amnesty.
• A pardon releases a wrongdoer from punishment after conviction.
• Amnesty is a pardon extended to a group of persons and abolishes the offense before or after conviction.

Pardon

• An act of grace that exempts an individual from punishment for a crime.

Absolute Pardon

• The complete extinction of criminal liability without any conditions.
• Restores civil and political rights and remits the penalty for the offense.

Conditional Pardon

• Exempts an individual from punishment with certain limits or conditions.
• Results in partial extinction of criminal liability.

Amnesty

• A general pardon for past offenses.
• Rarely used for individuals and usually extended to groups of people before or after conviction.

Borrowing Power

• The President can contract or guarantee foreign loans on behalf of the Republic.
• Requires prior concurrence from the Monetary Board and limitations set by law.

Diplomatic Power

• The President can sign treaties or international agreements.
• Requires ratification by at least 2/3 of the Senate for the treaty to be valid and effective.

Budgeting Power

• The President submits a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures, to Congress.

Emergency Power

• The President has the power to exercise powers necessary to carry out a declared national policy during wartime or other national emergencies.
• This power must be delegated by Congress through a law and for a limited time only.

Tariff Power

• The President can fix tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program.
• This power must be delegated by Congress through a law and for a limited time only.

Presidential Immunity

• The President is immune from civil and criminal cases during their time in office.
• This is to protect the dignity of the office and prevent disruptions to their duties.

The Principle of Separation of Powers

• Divides power among the three branches of government: Executive, Legislative, and Judicial.
• Each branch has exclusive jurisdiction and supremacy within its constitutionally allocated sphere.
• Branches cannot infringe on each other's domain.

The Doctrine of Checks and Balances

• Prevents any one branch from accumulating excessive authority.
• Each branch has checks on the other branches' powers to maintain balance.

Purpose of Separation of Powers and Checks and Balances

• To prevent the concentration of power in any one branch of government.

Belgica v. Ochoa (2013)

• The Pork Barrel System was declared unconstitutional because it violated the separation of powers.
• It gave individual legislators post-enactment authority over the implementation and enforcement of the budget, encroaching on the Executive's power.

Ocampo v. Enriquez (2016)

• The Court upheld President Duterte's decision to allow the internment of Former President Marcos, Sr., at the Libingan ng mga Bayani (LNMB), a national military cemetery and shrine.
• The decision was considered a policy matter based on the President's judgment to promote national healing and forgiveness.
• This decision was outside the scope of judicial review.

OCA v. Reyes (2010)

• The Court emphasized that legislative power cannot limit the Judiciary's power to discipline justices, judges, and court personnel.
• Policy restrictions should not infringe on the Judiciary's power to maintain its honor, dignity, and integrity, and public confidence.

Conclusion

• The Executive Branch plays a vital role in the Philippine government, enforcing and administering laws.
• The President holds significant power and responsibility, acting as the head of state and government.
• The principle of separation of powers and the doctrine of checks and balances ensure that power remains balanced and prevents concentration in any one branch.

Test your knowledge on the Executive Branch of the Philippines, including the qualifications for presidency, line of succession, and powers of the President. This quiz covers essential aspects of the country's government structure and electoral processes.