The Executive Branch of the Philippines PDF - Government, Politics

Here is the document provided, converted into a structured markdown format: # The Executive ## 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. - Analyze h...

Here is the document provided, converted into a structured markdown format: # The Executive ## 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. - Analyze how the executive department exercises its executive power. Our government is composed of three branches possessing distinct powers: the legislative branch creates the laws; the judiciary interprets these laws in legal disputes; and the executive branch implements these laws through different departments, agencies, offices, and instrumentalities. Ideally, these three branches of government operate under a check-and-balance mechanism. One serves to balance the powers of the others. If there are excesses, the judicial branch may, in an appropriate case, exercise its power of judicial review. On its part, the Congress may enact laws - or even amend or repeal them - in order to effectuate the legislative intent. It is the President, however, who executes these laws. But it would be a mistake to think that the Chief Executive is limited to the implementation of the laws. The constitution grants the President other powers. The powers vested on the President carry with them a lot of discretion. Such a heavy responsibility requires the Chief Executive to possess sufficient wisdom and intellect in order to execute the laws of the land, while faithfully complying with the limits set by the Constitution. ## The meaning of executive power. - The executive power is vested in the President of the Philippines, as provided in Section 1, Article VII of the 1987 Constitution, which reads: "The executive power shall be vested in the President of the Philippines." - Section 17 of the same Article of the Constitution also provides that the President shall ensure that the laws shall be implemented: "He shall ensure that the laws be faithfully executed." This mandate is reflected in Section 1, Chapter 1, Title I, Book II of the Executive Order No. 292, the Revised Administrative Code. - Although the 1987 Constitution does not define what executive power is, Article VII enumerates the other powers of the President aside from executing the laws. These are: - the power of control over all executive departments, bureaus, and offices; - the appointing power; - the powers under the commander-in-chief clause; - the power to grant reprieves, commutations, and pardons; - the power to grant amnesty with the concurrence of Congress; - the power to contract or guarantee foreign loans; - the power to enter into treaties or international agreements; - the power to submit the budget to Congress; and the power to address Congress. ### The power of control over all executive departments, bureaus, and offices Article VII, Section 1, of the 1987 Constitution vests executive power on the President of the Philippines. The President is the Head of State and Head of Government, and functions as the commander-in-chief of the Armed Forces of the Philippines. As chief executive, the President exercises control over all the executive departments, bureaus, and offices. ## The President of the Philippines The President of the Philippines is elected by direct vote by the people for a term of six years. They may only serve for one term, and is ineligible for reelection. The term of the President of the Philippines starts at noon of the 30th day of June after the election. ## Qualifications 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: - natural born Filipino; - a registered voter; - must be able to read and write; - 40 years of age at the day of the election; and - must have resided in the Philippines ten years before the election is held. ### 1. Power of control The President of the Philippines has the mandate of control over all the executive departments, bureaus, and offices. This includes restructuring, reconfiguring, and appointments of their respective officials. The Administrative Code also provides for the President to be responsible for the abovementioned offices' strict implementation of laws. ### 2. Power of appointment The President may appoint officials of the Philippine government as provided by the constitution and laws of the Philippines. Some of these appointments, however, may need the approval of the Committee on Appointments (a committee composed of members from the House of Representatives and the Senate of the Philippines). ### 3. 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** – Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders. - **Administrative orders** - Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as the administrative head shall be promulgated in administrative orders. - **Proclamations** - Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order. - **Memorandum orders** - Acts of the President on matters of administrative detail, or of subordinate or temporary interest which only concern a particular officer or government office shall be embodied in memorandum orders. - **Memorandum circulars** - Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus, or offices of the government, for information or compliance, shall be embodied in memorandum circulars. - **General or special orders** – Acts and commands of the President in his capacity as commander-in-chief of the Armed Forces of the Philippines shall be issued as general or special orders. ### 4. Military power The President shall be the Commander-in-Chief of 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. ### 5. 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 judgment. ### 6. 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 the Congress report on loans within 30 days from the end of every quarter. ### 7. Budgetary power As the head of government, the President has the authority to propose annual budget to the Congress. Ideally, such annual budget is enacted into law before the calendar year ends. ### 8. 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. ### 9. 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. ### 10. Power over aliens The President of the Philippines has certain powers over non-Filipinos in the Philippines. The powers he may exercise over foreigners in the country are as follows: - The chief executive may have an alien in the Philippines deported from the country after due process. - The President may change the status of a foreigner, as prescribed by law, from a non-immigrant status to a permanent resident status without necessity of visa. - The President may choose to overrule the Board of Commissioners of the Bureau of Immigration before their decision becomes final and executory (after 30 days of the issuance of the decision). The Board of Commissioners of the Bureau of Immigration has jurisdiction over all deportation cases. - The president is also mandated by the Administrative Code of 1987 to exercise powers as recognized by the generally accepted principles of international law. ### 11. Other powers Aside from the aforementioned powers of the President of the Philippines, he can also exercise powers enumerated in the constitution, and powers given to him by law. ## 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: - Vice President — in cases of the death, disability, or resignation of the President - Senate President — in cases of the death, disability, or resignation of the President and Vice President - 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. Thanks!