POWERS OF THE PRESIDENT

Article VII, Section 1, of the 1987 Constitution vests executive power to the President of the
Philippines, who functions as the head of state, head of government, and commander-in-chief of
the Armed Forces of the Philippines. As chief executive, the President of the Philippines 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. 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 an election is held.

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:
1. 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; and
5. Must have resided in the Philippines ten years before the election is held.

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:

1. Power of control over the executive branch

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 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.
It is important to note that during the term of President Ferdinand E. Marcos, he used executive
issuances known as presidential decrees as a form of legislation. These decrees have the full
force and effect of laws because at the time the legislature did not exist and, when the 1973
Constitution was put into full force and effect, it gave the power to the President to do as such.
This continued until the first year of President Corazon C. Aquinos term. However, President
Aquino opted to used executive orders instead of presidential decrees. President Aquinos
executive orders, however, still had the full force and effect of laws until the ratification of the
1987 Constitution.

3. Power over aliens

The President of the Philippines has the power 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.

4. Powers of eminent domain, escheat, land reservation and recovery of

ill-gotten wealth
The President of the Philippines has the authority to exercise the power of eminent domain. The
power of eminent domains means the state has the power to seize or authorize the seizure of
private property for public use with just compensation. There are two constitutional provisions,
however, that limit the exercise of such power: Article III, Section 9 (1) of the Constitution
provides that no person shall be deprived of his/her life, liberty, or property without due process
of law. Furthermore, Article III, Section 9 (2), provides that private property shall not be taken for
public use without just compensation.
Once the aforementioned conditions are met, the President may exercise the power of eminent
domain which are as follows:
Power of eminent domain The President shall determine when it is necessary or advantageous
to exercise the power of eminent domain in behalf of the national government, and direct the
solicitor general, whenever he deems the action advisable, to institute expropriation proceedings
in the proper court.
Power to direct escheat or reversion proceedings The President shall direct the solicitor
general to institute escheat or reversion proceedings over all lands transferred or assigned to
persons disqualified under the constitution to acquire land.
Power to reserve lands of the public and private domain of the government
(1) The president shall have the power to reserve for settlement or public use, and for specific
public purposes, any of the lands of the public domain, the use of which is not otherwise directed
by law. The reserved land shall thereafter remain subject to the specific public purpose indicated
until otherwise provided by law or proclamation.
(2) He shall also have the power to reserve from sale or other disposition and for specific public
uses or purposes, any land belonging to the private domain of the government, or any of the friar
lands, the use of which is not otherwise directed by law, and thereafter such land shall be used
for the purposes specified by such proclamation until otherwise provided by law.

Power over ill-gotten wealth The President shall direct the solicitor general to institute
proceedings to recover properties unlawfully acquired by public officials or employees, from
them or from their nominees or transferees.
Within the period fixed in, or any extension thereof authorized by, the constitution, the President
shall have the authority to recover ill-gotten properties amassed by the leaders and supporters of
the previous regime, and protect the interest of the people through orders of sequestration or
freezing of assets or accounts.

5. 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).

6. Power of general supervision over local governments

The President of the Philippines, as chief executive, has the mandate to supervise local
governments in the Philippines, despite their autonomous status as provided by Republic Act No.
7160 otherwise known as the Local Government Code of 1991.
Traditionally, this is done by the Department of the Interior and Local Government, headed by a
cabinet secretaryan alter ego of the President.

7. 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:
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 doesnt include the Chief Justice of the Supreme Court
in the Presidents 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.

VICE PRESIDENT OF THE PHILIPPINES

The Vice President of the Philippines is elected by direct vote by the people for a term of six
years, and may run for reelection once. The term of the Vice President of the Philippines starts at
noon of the 30th day of June after an election is held.

QUALIFICATIONS
The qualifications for aspirants to the Office of the Vice President is outlined in Article VII, Section
3. According to the constitution, the qualifications for the President is the same for 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
Should there be a vacancy of the Office of the Vice President, the President of the Philippines is
required by the constitution to nominate a replacement with the concurrence of Committee on
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