Executive Branch of the Philippines PDF

IGNORANTIA JURIS NON EXCUSAT THE EXECUTIVE BRANCH Reporters: Richelle M. Serva Ana Rose Moraca Flor M. Jackson Jinky T. Carion  Learning Objectives Explain the meaning of executive power Discuss the different types of executive power Enumera...

IGNORANTIA JURIS NON EXCUSAT THE EXECUTIVE BRANCH Reporters: Richelle M. Serva Ana Rose Moraca Flor M. Jackson Jinky T. Carion  Learning Objectives Explain the meaning of executive power Discuss the different types of executive power Enumerate the different responsibilities of the President of the Philippines; and Analyze how the executive department exercises its executive power.  The Executive The Executive Branch is the second of the three great branches of the government. Its main purpose is to administer the needs of the public through governance. Its main power is to execute or enforce the laws enacted by Congress.  Overview of the Executive Branch The executive power shall be vested in the President of the Philippines. The executive branch must enforce the policies legislated by Congress. It is the main governing body of the national government and is in charge of the general responsibility of serving the general public and administering its needs. The president heads it as the chief executive. In reality, the vice president has no specific power or role except for any position that will be assigned to him by the president. The president can even appoint the vice- president as a member of his Cabinet. The president cannot perform all the duties of the executive all alone. It has to be remembered that the executive has the duty to execute all the policies enacted by Congress.  The President The President of the Philippines is the Chief Executive and is the highest officer in the executive branch. The entire machinery of the executive department is under the office of the president. The president as the representative of the entire state is also the highest diplomatic officer and can bind the state when it comes to diplomatic intercourse with the other international entities. The president is also the commander in chief of the Armed Forces of the Philippines and is the highest in the chain of command among the military. The president is also the leader of the Philippine National Police  Qualifications of the President and Vice-President. The qualifications for an individual aspiring to become the President of the Philippines are outlined in Article VII, Section 2 of the 1987 Constitution. According to the constitution, an individual may become President provided he meets the following criteria:  He is at least forty (40) years of age on  He is a natural-born the day of the election (nat citizen of the Philippines; proclamation or assumption of office)  He is a registered voter; for President; and  He can read and write;  He is a resident of the Philippines for at least ten (10) years immediately preceding such election.  Powers of the President Besides the constitution, the powers of the President of the Philippines are specifically outlined in Executive Order No. 292, s. 1987, otherwise known as the Administrative Code of 1987. The following powers are:  Power of control over all executive departments, bureaus, and offices  Role of President as Administrator -as administrative head, the duty of the President is to see to it that every department, bureau, and office under the executive branch is managed and maintained properly by the person in charge of it in accordance with pertinent laws and regulations  Powers giving control -two factors contribute to the effective hold and control of the President over all executive departments, bureaus, and offices  The power of appointment  The power of removal  Power to ensure that the laws are faithfully executed  Primary function of the President - as the executive in whom the power is vested. The primary function of the President is to enforce the laws.  More of a mandatory duty than a power - the function of the President to see that the laws are faithfully executed is more of a duty than a power. It is his mandatory duty to enforce the laws of the land regardless of his opinion about their wisdom, advisability, or validity.  Military power of the President ° Power to meet emergencies - To call out the armed forces to prevent or suppress lawless violence, meet the threat of invasion, or quell rebellion - To suspend the privilege of the writ of the habeas corpus; and - To declare martial law ° Commander – in-Chief of the Armed Forces - he is authorized, whenever it becomes necessary, to call out such armed forces to prevent or suppress lawless violence, meet the threat of invasion, or quell rebellion. Powers of President as Commander-in-Chief of the Armed Forces As Commander-in-chief, the President has control of the military organization and personnel whether in peacetime or wartime In the event of war, the President, normally, would delegate the actual command of the armed forces to his military experts. But the ultimate command belongs to him Power to suspend privilege of writ habeas corpus Two conditions are necessary so that the President may suspend the privilege of the writ: There must be invasion or rebellion; and The public safety must require the suspension Meaning of Martial law ° In its comprehensive sense, it includes all laws that have reference to and are administered by the military forces of the state. They include: - The military law proper - The rules governing the conduct of military forces in times of war and places under military occupation Power to Declare Martial Law The power to proclaim martial law includes the power to make all needful rules and regulations with the force of law until the termination of martial rule. The president may place under martial the whole country or only a part thereof This power is resorted to only when the emergency requires the Power ordinance power - The President of the Philippines has the power to give executive issuances, which are means to streamline the policy and programs of an administration. There are six issuances that the President may issue. They are the following as defined in the Administrative Code of 1987: Executive orders Administrative orders Proclamations Memorandum orders Memorandum circulars General or special orders Pardoning Power -Pardon has been defined as an act of grace proceeding from the power entrusted with the execution of laws (President) which exempts the individual on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. Kinds of pardon Absolute- when it is not subject to any condition whatsoever. It becomes effective when made. Conditional- when it is given subject to any condition or qualification the President may see fit. Borrowing Power - The President may contract or guarantee foreign loans on behalf of the Republic with the concurrence of the Monetary Board, subject to such limitations as may be provided by law. - The Monetary Board shall submit to Congress a report on loans within 30 days from the end of every quarter. Diplomatic Power - 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. Informing Power - The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time. Power over aliens - The President of the Philippines has certain powers over non- Filipinos in the Philippines. Authority to contract and guarantee foreign loans ° Exclusive executive function ° Concurrence of the Monetary Board required Budgetary power of the President The President is entrusted by the Constitution with the task of preparing the budget of receipts and expenditures based on existing and proposed revenue measures and other sources of financing and of submitting it to Congress within 30 days from the opening of each regular session. The Vice- President The vice-president shall serve as the second in command in the executive department. However, there are no concrete duties imposed by the constitution on the vice president. Duties of the Vice- President According to the constitution, the vice president may concurrently assume a cabinet position should the President of the Philippines offer the former one. The vice president will become a secretary concurrent to the position of vice president. Aside from the cabinet post, the vice president is mandated to assume the presidency in case of the death, disability, or resignation of the incumbent President. Line of succession The constitution provides for a line of succession in the event that the elected President of the Philippines is not able to discharge the duties of his office due to death, disability, or resignation. The following is the line of succession: 1. Vice President — in cases of the death, disability, or resignation of the President 2. Senate President — in cases of the death, disability, or resignation of the President and Vice President 3. Speaker of the House of Representatives — in cases of the death, disability, or resignation of the President, Vice President, and Senate President. Contrary to popular belief, the constitution doesn’t include the Chief Justice of the Supreme Court in the President’s line of succession. The Congress of the Philippines is mandated enact a law calling for a special election three days after the vacancy in the Office of the President and Vice President. The special election should occur 40 days after the enactment of the law, but not later than 60 days after the enactment of the law.  The Cabinet 1 - Cabinet members serve as advisors to the President. 2 - They include the vice president and the heads of executive departments. 3 - Cabinet members are nominated by the President and must be confirmed by the Commission of Appointments.  Cabinet Secretaries Functions of a Cabinet Secretary Cabinet secretaries act as the alter ego of the President executing, with his authority, the power of the Office of the President in their respective departments. The number of cabinet secretaries varies from time to time depending on the need of an administration. According to the Administrative Code of 1987, the President of the Philippines may create or dissolve any department as he sees fit. Appointment of Cabinet Secretaries According to the Article 7, Section 16, the President may appoint anyone to executive departments with the consent of the Commission on Appointments. Names of individuals nominated to cabinet posts are submitted to the Commission on Appointments for their consideration. An individual may not assume his post in a given department unless confirmed by the Commission on Appointments. However, the constitution provides for individuals becoming cabinet secretaries in an acting capacity before they are confirmed. According to Article VII, Section 16 of the constitution, the president may appoint anyone to cabinet posts even if Congress is in recess. These appointments are valid until the Commission on Appointments disapproves them, or at the end of the next session of Congress. Not all cabinet members, however, are subject to confirmation of the Commission on Appointments. According to the Commission of Appointments website, the following need confirmation in order to assume their posts: 1. Executive Secretary 2. Secretary of Agrarian Reform 3. Secretary of Agriculture 4. Secretary of Budget and Management 5. Secretary of Education 6. Secretary of Energy 7. Secretary of Environment and Natural Resources 8. Secretary of Finance 9. Secretary of Foreign Affairs 10. Secretary of Health 11. Secretary of Justice 12. Secretary of Labor and Employment 13. Secretary of National Defense 14. Secretary of Public Works and Highways 15. Secretary of Science and Technology 16. Secretary of Social Welfare and Development 17. Secretary of the Interior and Local Government 18. Secretary of Trade and Industry 19. Secretary of Transportation and Communications 20. Secretary of Tourism 21. Commission on Higher Education 22. Director General of the National Economic and Development Authority Powers of a Cabinet Secretary As stated above, a cabinet secretary is the alter ego of the President in their respective departments. Thus, they posses the power to issue directives relative to their departments, such as department orders. These orders only apply to offices under a specific department under the cabinet secretary’s jurisdiction. Cabinet secretaries also act as advisors to the President of the Philippines for their areas. Local Governments The executive branch extends beyond the national government. According to Article X, Section 4 of the constitution, the President of the Philippines is mandated to supervise local governments all over the country. However, because of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, local governments enjoy relative autonomy from the national government. Among the social services and facilities that local government should provide, as stipulated in Section 17 of the Local Government Code, are the following: facilities and research services for agriculture and fishery activities, which include seedling nurseries, demonstration farms, and irrigation systems; health services, which include access to primary health care, maternal and child care, and medicines, medical supplies and equipment; social welfare services, which include programs and projects for women, children, elderly, and persons with disabilities, as well as vagrants, beggars, street children, juvenile delinquents, and victims of drug abuse; information services, which include job placement information systems and a public library; a solid waste disposal system or environmental management system; municipal/city/provincial buildings, cultural centers, public parks, playgrounds, and sports facilities and equipment; infrastructure facilities such as roads, bridges, school buildings, health clinics, fish ports, water supply systems, seawalls, dikes, drainage and sewerage, and traffic signals and road signs; public markets, slaughterhouses, and other local enterprises; public cemetery; tourism facilities and other tourist attractions; and sites for police and fire stations and substations and municipal jail. Each local government has its own chief executive. The following is the list of local chief executives: Barangay — punong barangay (barangay chairman) Municipality — municipal mayor City — city mayor Province — provincial governor The local chief executives have the power to approve or veto local ordinances recommended by the local legislators. Punong Barangay The Punong Barangay, as the chief executive of the barangay government, shall exercise and perform the following powers and functions: enforce all laws and ordinances which are applicable within the barangay; negotiate, enter into, and sign contracts for and in behalf of the barangay, upon authorization of the Sangguniang Barangay; maintain public order in the barangay; call and preside over the sessions of the Sangguniang Barangay and the Barangay Assembly; appoint or replace the barangay treasurer, the barangay secretary, and other appointive barangay officials; organize and lead an emergency group for the maintenance of peace and order or on occasions of emergency or calamity within the barangay; prepare the annual executive and supplemental budgets of the barangay, in coordination with the Barangay Development Council; approve vouchers relating to the disbursement of barangay funds; enforce laws and regulations relating to pollution control and protection of the environment; administer the operation of the Katarungang Pambarangay; exercise general supervision over the activities of the Sangguniang Kabataan; ensure the delivery of basic social services and access to facilities; conduct an annual palarong barangay which shall feature traditional sports and disciplines included in national and international games; and promote the general welfare of the barangay. Municipal and City mayors The municipal mayor and city mayor, as the chief executive of the municipal government and city government, respectively, shall exercise and perform the following powers and functions: 1. Exercise general supervision and control over all programs, projects, services, and activities of the municipal or city government. 2. Enforce all laws and ordinances, and implement all approved policies, programs, projects, services and activities of the municipality or city. 3. Initiate and maximize the generation of resources and revenues, to be used for the implementation of development plans, program objectives and priorities. 4. Ensure the delivery of basic services and the provision of adequate facilities as provided for under Section 17 of the Local Government Code.  Provincial Governors The provincial governor, as the chief executive of the provincial government, shall exercise and perform the following powers and duties: 1. Exercise general supervision and control over all programs, projects, services, and activities of the provincial government: - determine the guidelines of municipal policies and be responsible to the Sangguniang Panlalawigan for the program of government; - direct the formulation of the provincial development plan; - at the opening of the regular session of the Sangguniang Panlalawigan, present the program of government and propose policies and projects for consideration; - initiate and propose legislative measures to the Sangguniang Panlalawigan; - represent the province in all its business transactions and sign on its behalf all bonds, contracts, and obligations, upon authorization by the Sangguniang Panlalawigan; - carry out emergency measures as may be necessary during and in the aftermath of man-made and natural disasters; - examine the books, records and other documents of all offices, officials, agents or employees of the province; - furnish copies of executive orders issued by him to the Office of the President within 72 hours after their issuance; - visit component cities and municipalities at least once every six months; - represent the province in inter-provincial or regional sports councils or committees, and coordinate the efforts of component cities or municipalities in the regional or national palaro or sports development activities; - conduct an annual palarong panlalawigan; and - submit to the Office of the President an annual report on the administration and development of the province, and supplemental reports when unexpected events and situations such as calamities arise. 2. Enforce all laws and ordinances, and implement all approved policies, programs, projects, services and activities of the province: - issue executive orders as are necessary for the proper enforcement and execution of laws and ordinances; - call conventions, seminars or meetings of any elective and appointive officials of the province; - in coordination with the component cities and municipalities, and the National Police Commission, formulate and implement the peace and order plan of the province; and - call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition or to apprehend violators of the law. 3. Initiate and maximize the generation of resources and revenues, to be used for the implementation of development plans, program objectives and priorities: - prepare and submit to the Sangguniang Panlalawigan for approval the annual executive and supplemental budgets of the province; - ensure that all taxes and other revenues of the province are collected; - issue, suspend or revoke licenses and permits; - adopt measures to safeguard and conserve land, mineral, marine, forest, and other resources of the province; - provide efficient and effective property and supply management in the province; and protect the funds, credits, rights and other properties of the province; and - institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection of taxes, fees or charges, and for the recovery of funds and property. 4. Ensure the delivery of basic services and the provision of adequate facilities as provided for under Section 17 of the Local Government Code. Election of the President and the Vice President System of direct voting. The Constitution retains the system of direct popular election of the President despite criticism for abetting massive vote buying and other undesirable practices. Election by Congress in case of a tie. In case of a tie, however, the President shall be chosen for the term fixed in the Constitution by a vote of a majority of all the members of Congress in session assembled. Term of office of the President and Vice-President. The President and Vice-President enjoy the security of tenure. Their term of office is six (6) years "which shall begin at noon on the 30th day of June following the day of the election and shall end at noon of the same date six (6) years thereafter." (par. 1.) The President-elect and Vice-President-elect shall assume their office at the beginning of their terms. (Sec. 7, par. 1.) Reelection of President and Vice-President. A person who has held the office of President is disqualified for any reelection. In the case of the Vice-President, he cannot serve for more than two (2) successive terms but he is still eligible for election as President. A Vice-President who has succeeded and served as President for more than four (4) years (even in an acting capacity) is also disqualified for election to the same office at any other time. The voluntary renunciation of the office of Vice-President for any length of time does not interrupt the continuity of the service for the full term of six (6) years. Thus, a Vice-President who voluntarily re-announced or resigned from his office is deemed to have served for six (6) years for purposes of the ban against reelection. The President is not eligible for any reelection. But they may be elected to a lower position. SEC. 5. Before they enter the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God.” (In case of affirmation, the last sentence will be omitted.) 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. Official residence and compensation of the President and Vice-President.  The official residence of the President shall be determined by law.  The annual compensation of the President and Vice-President shall be provided by law. When Vice-President shall act as President. The President-elect and the Vice-President-elect shall assume office at the beginning of their term, at noon on the 30th of June next following the day of the election. In any of the following cases, the Vice-President shall act as President If the President-elect failed to qualify; or If a President shall not have been chosen, or In case of temporary inability or incapacity of the President to discharge his powers and duties. The Vice-President-elect shall act as President until the President. Elect shall have qualified, or a President shall have been chosen and qualified or the disability shall have terminated. When Vice-President shall become President. In any of the following cases: If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled or After assumption of office, in case of death, permanent disability, removal from office, or resignation of the President, in which case the Vice-President shall serve the unexpired term. In the above cases, there is a permanent vacancy in the office of President. Where there are no President and Vice-President. Before assumption. After assumption. Where the Senate President and Speaker are also unable to act as President. SEC. 9. 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. Vacancy in the Office of the Vice-President. In case a permanent vacancy occurs 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, The nomination is subject to confirmation by a majority vote of all members of both Houses of Congress, voting separately. The nominee shall assume office upon such confirmation. Vacancy in the Offices of both the President and Vice- President  Special election.  Next Presidential election. 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.  Rule on nepotism. In addition to the above disabilities, the President is prohibited during his tenure from appointing his spouse and relatives by consanguinity or affinity within the fourth civil degree e.g.., up to first cousin, grandnephew, and grandniece) to any of the positions mentioned. (Sec. 13, par. 2.) The Constitution seeks to stop the practice in the past when the President appointed his wife, children, and many of their close relatives.to high positions in the government. SEC. 14. Appointments extended by an Acting President shall remain effective unless revoked by the elected President within ninety days from his assumption or reassumption of office. Appointments extended by an Acting President.  Powers and functions of Acting President.  Revocation by elected President of the appointments. 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. Appointments preceding a presidential election.  Prohibited if made within two (2) months  Exceptions.  Allowed if made more than two (2) months before. Officials whose appointments are vested in the President  Under Section 16.-The power of the president to appoint high officers in the government is shared by the commission on appointments power to ratify or reject. The officials whom the President is authorized to appoint under Section 16 are.  The heads of executive departments ambassadors, and other public Ministers and consults;  The officers of the Armed Forces of the Philippines from the rank of colonel or naval captain.  Other officers whose appointments are vested in the Presidents by the Constitution:  All other officers of the Government where appointments are not otherwise provided for by law, and they refer to officers to be appointer to lower offices created by Congress where the latter omits to provide for appointments to said offices or provides unconstitutionally for such appointments; an Those whom he may be authorized by law to appoint such as the heads of government-owned or controlled corporations, department undersecretaries, heads of bureaus and offices, and other officials. (2) Under other provisions Kinds of presidential appointments Appointments which are required to be submitted to the commission on appointments are either. Regular appointments or those made during the sessions of Congress; or Ad interim appointments or those made during a recess of Congress. Removal Power of the President The extent of the President’s power to remove  Concerning officers exercising purely executive functions whose tenure is not fixed by law.  Concerning officers exercising quasi-legislative or quasi-judicial functions.  Concerning constitutional officers’ removal only using impeachment and judges of lower courts.  Concerning civil service officers. Resources: Cooley, Const. Limitations, 8th ed., p. 183. 1986 U.P. Law Constitution Revision Project, Executive Department, p. 8. Nuevo vs. Angeles, 76 Phil. 12: Aparri vs. Court of Appeals, 127 SCRA 231, Jan 31, 1984; Guekeko vs. Santos, 76 Phil. 237, Paredes vs. Menabad, 56 SCRA 522, April 15, 1974; Oliveros vs. Villaluz, 57 SCRA 163, May 30, 1973 Textbook on the Philippine Constitution Secs, 7-8., p 210. 1970 UPLC Constitution Revision Project, p. 448. 1986 UPL Constitution Revision Project, Executive Department, p. 20. Mechem, Pub. Offices and Officers, Sec. 102, Borromeo vs. Mariano, 41 Phil. 322, Aparri vs. Court of Appeals, 127 SCRA 231, Jan. 31, 1984. "See Gov't. of the Phil. Is. vs. Springer, 50 Phil. 259. Borromeo vs. Manalo, 41 Phil. 322; Lacson vs. Romero, 84 Phil. 740. See Mondano vs. Silvosa, 97 Phil. 143. 'The law is the Civil Service Decree of the Philippines. (Pres. Decree No. 807) See Ang- angco vs. Castillo, L-17169, Nov. 30, 1963. This power covers the Philippine National Police (PNP) 1986 UPL Constitution Revision Project, Executive Department, p. 34. "As to the making of executive agreement, see Article VIII, Section 4(2). 1970 UPLC Constitution Revision Project, p. 459. See N.A. Gonzales, op. cit., p. 331. Art. VII- Executive Department, p 235. THANK YOU!