The Executive Branch PDF

# The Executive Branch ## Objective/MELC: Analyze the roles and powers of the executive branch of the government ## Learning Objectives: At the end of this lesson, the students will: 1. **Able to understand the executive branch of our government** 2. **Able to appreciate the importance of the e...

# The Executive Branch ## Objective/MELC: Analyze the roles and powers of the executive branch of the government ## Learning Objectives: At the end of this lesson, the students will: 1. **Able to understand the executive branch of our government** 2. **Able to appreciate the importance of the executive branch** 3. **Able to identify the roles of the executive branch** ## Branches of the Government - **Executive** - **Legislative** - **Judiciary** ## Powers of the Three Branches - **Judicial Branch - Power to make judgments on law** - **Executive branch - Power to put law into action** - **Legislative Branch - Power to make and change law** ## 3 Branches of PH Government - **Legislative (makes the law)** - **Congress** - **Senate** - **House of Representatives** - **Executive (carries out the law)** - **President** - **Vice President** - **Cabinet** - **Judicial (evaluates the law)** - **Supreme Court** - **Other Courts** ## Executive Branch - **President (1)** - **Vice President (1)** - **Cabinet Members (varies)** - **Regional Governor (1)** - **Governor (1)** - **Vice Governor (1)** - **Mayor (1)** - **Vice Mayor (1)** - **Barangay Captain (1)** ## The President: The Country's Chief Executive - **Executive power**: the power to administer and enforce laws and ensure are observed by the people is entrusted by our Constitution to the President of the Philippines. - The following are Departments under the Executive Branch: - **Department of Agrarian Reform** - **Department of Agriculture** - **Department of Budget and Management** - **Department of Education** - **Department of Energy** - **Department of Environment and Natural Resources** - **Department of Finance** - **Department of Foreign Affairs** - **Department of Health** - **Department of Interior and Local Government** - **Department of Justice** - **Department of Labor and Employment** - **Department of National Defense** - **Department of Public Works and Highway** - **Department of Science and Technology** - **Department of Tourism** - **Department of Trade and Industry** - **Department of Social Welfare and Development** - **Department of Transportation and Commnications** ## The President - **Executive Power**: has been defined as the power to administer the laws, which means carrying them into practical operation and enforcing their due observance. - The President of the Philippines is elected by direct vote by the people for a term of six years. He 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. ## Executive Power is: - **Roughly defined as the power to implement laws in one country.** - **Vested with the power to execute laws and make sure that they are properly implemented.** - **Article VII, Section 1**: “executive power is vested in the President of the Philippines." ## Qualifications 1. **A natural born Filipino** 2. **A registered voter.** 3. **Must be able to read and write.** 4. **40 years of age at the day of the election.** 5. **Must have resided in the Philippines ten years before the election is held.** ## President / Vice President | Position | Qualifications | Election | Term | | --------------- | ---------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------- | ---------------- | | President | 1. A natural-born 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 his or her election (Section 2) | The president and vice president shall be elected by a direct vote of the people (Section 4). The person having the highest number of votes (plurality method) shall be elected. | Six years | | Vice-President | | | Six years | ## The Vice President - **Shall have the same qualifications and term of office as the president ** - **May be appointed as a member of the cabinet without the need of confirmation by the Committee on Appointments ** ## Presidential Electoral Tribunal - If there are inquiries pertaining to election, SC shall be the one to settle questions about the election, returns, and qualifications of these officials. - **Article VII, Section 4**: "the Supreme Court, sitting en banc, is the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice President.” - SC serves as the Presidential Electoral Tribunal. ## Presidential Election - **Presidential election**: 2nd Monday of May (unless revised by law). - **In case of tie**: the Congress will vote. - **A president may be remove from office through impeachment on the grounds of culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. Section 2, Article XI, 1987 Philippine Constitution** ## Powers of the President - **Control over all executive departments, bureaus, and offices** - **Power of general supervision over local governments and autonomous regions** - **Power to nominate, appoint, and remove officials** - **Budgetary and fiscal power** - **Military power or “power of the sword"**: (him or her being the commander in chief of the Armed Forces of the Philippines) - **Power to contract or guarantee foreign loans on behalf of the country** - **Pardoning power** - **Powers to check other branches of the government** ## Roles and Responsibilities - **Appoints the head of the different executive departments (Appointing power)** - **Appoints ambassadors, consuls and public ministers** - **Serves as the commander-in-chief of the Armed Forces of the Philippines (Military power)** - **Appoints Armed Forces Personnel from the rank of colonel or naval captain** - **Contracts/guarantees foreign loans (Borrowing power)** - **Negotiates foreign treaties** - **Makes appointments not otherwise provided for by law** - **Suspends the writ of habeas corpus (Control Power)** - **Declares martial law** - **Prepares the national budget** - **Refuses or approves a bill or joint resolutions thus prevent its enactment (veto)** - **Performs acts of clemency** ## Acts of Clemency - **Pardon**: which is an act of grace that sets aside punishment for a crime. - **Commutation**: which is an executive clemency that changes a punishment to one which is less severe as from execution to life imprisonment. - **Reprieve**: which means temporary relief from or postponement of execution of criminal punishment or sentence. - **Remission of fines and forfeitures**: which is the condonation of the financial obligation and the return of properties confiscated by reason of the commission of the offense and conviction of the offender. - **Amnesty**: denotes the general pardon to rebels for their treason and other high political offenses, of the forgiveness which one sovereign grants to the offender of the law of nations. ## The President Cannot (Limitations) - **Holds any other office or enjoy any other form of employment** - **Makes appointments two months prior to the next elections** - **Makes appointment within the 4th civil degree of consanguinity** - **Increases his/her salary or that of the Vice-President during his/her term** - **Ratifies foreign treaties** - **Grants clemency in cases of impeachment** ## Privileges of the President - **Official residence**: the president shall have an official residence. He is the only official of the government provided with a residence maintained by public funds. - **Salary**: is also entitled to a salary like all other public officers. The salary of the president shall be determined by law and shall not be decreased during their tenure. - **Immunity from suit**: the president is accorded the immunity from suit, both civil and criminal. The rationale for the grant to the President of this privilege of immunity from suit is to assure the exercise of presidential duties and functions free from any hindrance or distraction. ## Causes of Vacancy - **Death** - **Permanent Disability** - **Resignation** - **Impeachment** - **Written declaration that he/she is unable to discharge the powers and duties of the office** - **If a majority of the cabinet makes a written declaration that the President cannot discharge the powers and duties** ## More on Vacancy - **The President can, at a later time, inform congress that he/she is fit to perform his/her duties again** - **Congress can judge otherwise by a two-thirds votes of both houses voting separately** If the President falls seriously ill, the public will be informed of his/her state of health; members of the cabinet in charge of national security and foreign relations shall have access to the president; the chief of staff of the Armed Forces shall have access to the President ## Constitutional Commissions - **The Commissioners in the Constitutional Commissions are appointed by the President; the Chief Justice of the Supreme Court as well.** ## Appointing Power - **The heads of the executive departments, ambassador, other public ministers and consuls, officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution;** - **All other officers of the Government whose appointments are not otherwise provided for by law;** - **Those whom the president may be authorized by law to appoint;** - **Officers lower in rank whose appointments the Congress may by law vest in the President alone.** ## Other Powers - **The President is also the Head of State (representative in international functions)** - **Authorized to issue Executive Orders (quasi-laws), Proclamations, and Administrative Orders.** - **Approval and awarding of National Arts and National Scientists** ## Specific Condition and Restriction - **Specific condition and restriction in certain powers assigned to the president.** - **President needs authorization from Congress before he/she can exercise power of taxation.** - **Department heads may be requested for appearance to be heard on any matters concerning their departments.** ## Checks and Balances - **The Congress can override the president's veto by two-thirds vote in each house.** - **The Supreme Court may declare executive orders and proclamations unconstitutional.** - **The Supreme Court may review the declaration of martial law and suspension of the writ of habeas corpus.** ## Constitutional Privileges - **Official Residence** - **Salary**: “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.” (Section 6, Article VII) ## Jurisprudential Privileges - **Presidential Immunity from Suit** - **International Law**: the courts of other countries cannot sue the President. - **Domestic Law**: immune from suit which is based on continuing practice and practicality. - **Presidential Privilege of Communication (Executive Privilege)** - **Rozell defines it as “the right of the President and high-level executive branch officers to withhold information from Congress, the courts, and ultimately the public.”** ## Separation of Powers and Checks and Balances ### How the **Executive Branch** checks and balances: | Branch | Power | | ---------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------- | | **the Legislative Branch** | - **Approves legislation by signing a bill into law** - **Exercises veto power over a bill or parts of a bill** | | **the Judicial Branch** | - **Reviews the credentials of nominees and appoints the Justices of the Supreme Court** - **Grants pardons and amnesties** | ### How the **Legislative Branch** checks and balances: | Branch | Power | | -------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | **the Executive Branch** | - **Reverses the President's veto** - **Grants consent or authorization to the President regarding specific matters** - **Reviews and approves Presidential appointments to the Cabinet, Constitutional Commissions, government offices, and other bodies** - **May invalidate the declaration of martial law** - **Canvasses votes as National Board of Canvassers** - **Initiates and conducts impeachment proceedings against the President and Vice President** | | **the Judicial Branch** | - **Determines court jurisdictions** - **Sets the qualifications of members of the lower courts** - **Initiates and conducts impeachment proceedings against the members of the Supreme Court** | ### How the **Judicial Branch** checks and balances: | Branch | Power | | ---------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | | **the Executive Branch** | - **Decides on the constitutionality of executive orders, proclamations, executive actions** | | **the Legislative Branch** | - **Decides on the constitutionality of laws passed** - **Constitutes part of the Electoral Tribunals that decide on electoral protests** |