Executive Department Functions (PDF)

Functions of the Executive Branch Three Branches of the Government Power in the government is basically divided among the: Principle of Separation of Powers The principle of separation of powers ordains that: each of the three branches of government has exclusive cognizance of and is s...

Functions of the Executive Branch Three Branches of the Government Power in the government is basically divided among the: Principle of Separation of Powers The principle of separation of powers ordains that: each of the three branches of government has exclusive cognizance of and is supreme in matters falling within its constitutionally allocated sphere; and each branch cannot invade the domain of others. Doctrine of Checks and Balances Similar with Separation of Powers, the Doctrine of Checks and Balances prevents authority from being concentrated in one branch. Each branch is supreme within their own sphere. Purpose of “Separation of Powers” and “Checks and Balances”: Powers of the government are separated to avoid concentration of powers in any one branch. APPLICATION OF THE PRINCIPLE/DOCTRINE: Belgica v. Ochoa The Pork Barrel System violates the separation of powers because it is a form of post enactment authority in the implementation or enforcement of the budget. The PBS permits encroachment upon the prerogative of implementing the law, by giving individual legislators: (a) The power to determine projects after the General Appropriations Act is passed; (b) through congressional committees, authority in the areas of fund release and realignment, the system encroaches on the Executive’s power to implement the law. APPLICATION OF THE PRINCIPLE/DOCTRINE: Ocampo v. Enriquez, G.R. No. 225973 (2016) In allowing the internment of Former President Marcos, Sr. at the LNMB, which is a land of the public domain devoted for national military cemetery and military shrine purposes, President Duterte decided a question of policy based on his wisdom that it shall promote national healing and forgiveness. There being no taint of grave abuse of discretion, President Duterte’s decision on that political question is outside the ambit of judicial review. APPLICATION OF THE PRINCIPLE/DOCTRINE: OCA v. Reyes, A.M. No. P-08- 2535 (2010) Legislative power cannot limit the Court’s power to impose disciplinary actions against erring justices, judges and court personnel. Neither should such policy be used to restrict the Court’s power to preserve and maintain the Judiciary’s honor, dignity and integrity and public confidence that can only be achieved by imposing strict and rigid standards of decency and propriety governing the conduct of justices, judges and court employees. The Executive Branch This lesson gives you an overview of the functions and roles of a president and all other people or agencies associated with the executive branch of the government. Knowing the functions of agencies connected to the executive branch may also be helpful in understanding the structure of Philippine government. Presidential We have a presidential form of government in the Philippines. The president of the Philippines is the center of power, the head of both government and state. This also means that he/she is not constrained by both the judicial and legislative branch in the performance of his/her duties as the country's chief executive. The executive power vested upon the president and the executive branch basically means “the power to enforce and administer the laws”. To qualify as a candidate for presidency, a person must be: 1. a natural-born Filipino citizen 2. a registered voter 3. able to read and write 4. at least 40 years of age on the day of the election 5. a resident of the Philippines for at least 10 years immediately preceding such election. NOTE: The same qualifications apply to the vice-president. MANNER OF VOTING and TERM OF OFFICE The president and the vice-president are elected through direct voting by the plurality of the registered voters. They will begin their six-year term on the 30th day of June following the day of the election. Re-Election The president cannot run for re-election for the said office again… EXCEPTION: unless that person who served as president only held office for four years or less. Line of Succession In case of death, permanent disability, removal from office, or resignation by the president, the following line of succession is observed until the position of president is filled up: 1. Vice-President 2. Senate President* 3. Speaker of the House of Representatives* *Acting Capacity only until a new Pres and VP have been elected. Vacancy in the Office of the Vice-President Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately. What if the Senate President and Speaker are also not capable to act as President? Congress shall, by law, provide who will be acting President until President or Vice President have either been elected and qualified pursuant to special elections. Congress has yet to pass a law providing for such manner of selection Powers of the President Executive Power Pardon and Amnesty Power of Appointment Borrowing Power Administrative Power Diplomatic Power Power of Control Budgeting Power Power of Supervision Emergency Power Military Power Tariff Power Executive Power This refers to the President’s power to enforce, implement, and administer laws. The President shall ensure that the laws be faithfully executed. It is the power of carrying the laws into practical operation and enforcing their due observance. Powers of Appointment The president can appoint the: heads of executive departments ambassadors other public ministers and consuls officers of the armed forces from the rank of colonel or naval captain other officers whose appointments are vested in him/her by the Constitution Administrative Power The president shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed. Power of Control The President may: a) nullify, modify judgments of subordinates b) undo or redo actions of subordinates c) lay down rules for the performance of subordinates’ duties Power of Supervision This refers to the oversight function. The Executive must see to it that rules, which it did not make, are followed. Military Power The President shall be the the commander-in-chief of all the armed forces in the Philippines. Along with this power is the power: calling out power to suspend the privilege of the writ of habeas corpus; and to place the country or any part of the Philippines under martial law. “Calling Out Power” President may order the Armed Forces to suppress lawless violence. “to suspend the privilege of the writ of habeas corpus” Habeas corpus – a legal action by means of which detainees can seek relief from unlawful imprisonment. Grounds: 1. in times of rebellion or invasion; and 2. when required by public safety Effects of the Suspension of the Privilege: Applies only to persons suspected for rebellion or offenses inherent in or directly connected with invasion: 1. Such persons suspected of the above can be arrested and detained without warrant of arrest. 2. The arrest without warrant is justified by the emergency situation and the difficulty in applying for a warrant considering the time and the number of persons to be arrested. Effects of the Suspension of the Privilege: 2. Any person thus arrested or detained shall be judicially charged within 3 days, or otherwise he shall be released. What happens if he is not judicially charged nor released after 72 hours? The public officer becomes liable under RPC Article 125 for “delay in the delivery of detained persons.” The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Martial Law Power The President can place the country or any part of the Philippines under martial law. Martial Law – temporary rule by military authorities of a designated area in time of emergency when the civil authorities are deemed unable to function. Martial Law Power Grounds: 1. in times of rebellion or invasion; and 2. when required by public safety Limitation: The president is given 48 hours from the proclamation of martial law to submit a report regarding such proclamation to the Congress which will then decide if the proclamation be revoked or suspended. “Rebellion” In determining the existence of rebellion, the President only needs to convince himself that there is probable cause showing that more likely than not a rebellion was committed or is being committed. 4 ways for the Proclamation of Martial Law or the Suspension of the Privilege of the Writ of Habeas Corpus to be Lifted: 1. Lifting by the President himself 2. Revocation by Congress 3. Nullification by the Supreme Court 4. By operation of law after 60 days when no extension granted Pardon and Amnesty The president has also the power to grant pardons and amnesty. Pardon is the power to release a wrongdoer from punishment after conviction. Amnesty is a pardon extended to a group of persons and abolished the offense before or after conviction. Pardon It is an act of grace proceeding from the power entrusted with the execution of the laws (President of the Philippines) which exempts the individual on whom it is bestowed from the punishment that the law inflicts for the crime he has committed. Absolute Pardon The total extinction of criminal liability without any condition. It restores the individual his civil and political rights and remits the penalty imposed for the particular offense of which he was convicted. Conditional Pardon The exemption of an individual within certain limits or conditions from the punishment which the law inflicts for the offense he had committed resulting in the partial extinction of his criminal liability. Amnesty It is an act of the sovereign power granting oblivion or a general pardon for a past offense, and is rarely, if ever, exercised in favor of a single individual, and is usually extended on behalf of certain classes of persons who are subject to trial but not have yet been convicted. Borrowing Power The power to contract or guarantee foreign loans on behalf of the Republic… … subject to prior concurrence of the Monetary Board and subject to limitations as may be provided by law. Diplomatic Power The power to sign a treaty or international agreement… LIMITATIONS: … provided that the validity and effectiveness of such treaty will be ratified first by at least 2/3 of all the members of the Senate. Budgeting Power The power of the budget where the President submits to the Congress a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measure. Emergency Power To exercise powers necessary and proper to carry out a declared national policy in times of war or other national emergency. Provided, Congress delegates such power to the President through a law and for a limited time only. Tariff Power To fix within specified limits, and subject to such limitations and restrictions as Congress may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government. Provided, Congress delegates such power to the President through a law and for a limited time only.  Presidential Immunity The President, during his actual incumbency, may not be sued in any civil or criminal case. PURPOSES: It will degrade the dignity of the high office of the President, the head of State, if he can be dragged into court litigation while serving as such. Furthermore, it is important that he be freed from any form of harassment, hindrance or distraction to enable him to fully attend to the performance of his official duties and functions.  Presidential Immunity The immunity does not distinguish whether or not the suit pertains to an official act of the President. The concept is clear and allows no qualifications or restrictions that the President cannot be sued while holding such office.  Presidential Immunity LIMITATIONS: Immunity is coextensive with tenure. After tenure, the President cannot invoke immunity from suit for civil damages arising out of acts done by him while he was President which were not performed in the exercise of official duties. This presidential privilege of immunity cannot be invoked by a non-sitting president even for acts committed during his or her tenure.  An Ideal President The President exercises a lot of powers, but he/she should be reminded that the true power rests in the people and that the Office of the President, as well as the other branches of the government, exists to serve the populace. end