Philippine Politics and Governance

LESSON 7
ARTICLE VII. THE EXECUTIVE
BRANCH
 LEARNING COMPETENCY

Analyze the roles and

powers of the executive
branch of the government
EXECUTIVE POWER
• Defined as the power to administer
or execute the laws, which means
carrying them into practical operation
and enforcing their due observance.
Article VII, Section 1
The executive
power is vested to
the President of the
Philippines.
According to the
Philippine Constitution,
the President will serve as:
1) the Head of the State and
Head of Government
2) Commander-in-chief of
the Armed Forces of the
Philippines
3) Chief Executive of all
executive departments
 PRESIDENT QUALIFICATIONS
Article VII, Section 2

No person may be elected President unless he is a

 natural-born citizen of the Philippines
 registered voter, able to read and write
 at least 40 years of age on the day of election
 resident of the Philippines for at least ten (10)
years immediately preceding such election
 VICE-PRESIDENT QUALIFICATIONS
Article VII, Section 3
There shall be a Vice President who shall
have the same qualifications and term of
office and be elected with and in the same
manner as the President. He may be
removed from office in the same manner as
the President.

The Vice President may be appointed as a

Member of the Cabinet. Such appointment
requires no confirmation.
 THE 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.
• Cabinet members serve as advisors
to the President.
• Cabinet members are nominated by
the President and must be
confirmed by the Commission of
Appointments.
 THE CABINET
SECRETARIES
• The number of the Cabinet
Secretaries varies depending on the
need of the administration.

• According to the Administrative

Code of 1987, the President of the
Philippines may create or dissolve
any department.
THE APPOINTMENT OF CABINET SECRETARIES
• According to the Article VII, Section 16, the President has the power
to appoint anyone to the department with the consent given by the
Commission on Appointments.
• Not all cabinet members are subject to confirmation of the
Commission on Appointments.
• The list shows the positions which needs confirmation:
1. Executive Secretary 5. Secretary of Education
2. Secretary of Agrarian Reform 6. Secretary of Energy
3. Secretary of Agriculture 7. Secretary of Finance
4. Secretary of Budget and Management 8. Secretary of Health
 THE APPOINTMENT OF CABINET SECRETARIES
• The list shows the positions which 17. Secretary of the Interior and
needs confirmation: Local Government
9. Secretary of Environment and 18. Secretary of Trade and Industry
Natural Resources
10. Secretary of Foreign Affairs 19. Secretary of Transportation and
11. Secretary of Justice Communications
12. Secretary of Labor and Employment 20. Commission on Higher
13. Secretary of National Defense Education
14. Secretary of Public Works and 21. Secretary of Tourism
Highways 22. Director General of the National
15. Secretary of Science and Technology Economic and Development
16. Secretary of Social Welfare and Authority
Development
 TERMS OF OFFICE
Article VII, Section 4
PRESIDENT VICE PRESIDENT
• 1 term of 6 years without • 2 consecutive terms with 6
re-election years
• begins at noon on the 30th • begins at noon on the 30th
day of June following the day of June following the
day of the election and day of the election and
ends at noon of the same ends at noon of the same
date six years thereafter date six years thereafter
 OATH TAKING
Article VII, Section 5
Before they enter on 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 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.”
 RESIDENCY AND SALARY
Article VII, Section 6
The President shall have an official
residence – the Malacañang Palace.

The salaries of the President and Vice

President shall be determined by law ₱ 419,144 – SG 33
and shall not be decreased during their ₱ 331,954 – SG 32
tenure.
 RULES ON SUCCESSION
Article VII, Section 7
The current presidential line of succession to the office of the
president of the Philippines:

 Vice President – Sara Duterte

 President of the Senate – Juan Miguel Zubiri
 Speaker of the House of Representatives – Martin Romualdez
 RULES ON SUCCESSION
Article VII, Section 7
Prior to the start of the term
• If a president was elected but failed to qualify, the vice president who was elected
will act as president until the president qualifies
• If there was no president elected, the vice president who was elected will act as
president until a president is elected and qualifies
• If at the beginning of the term of the president, the president-elect dies or has
become permanently disabled, the vice president who was elected becomes
president
• If neither a president nor a vice president had been chosen or had qualified, or if
both had died or had become permanently disabled, the president of the Senate
or, in case of their inability, the speaker of the House of Representatives, will act
as president until a president or a vice president is chosen and qualifies.
 RULES ON SUCCESSION
Article VII, Section 8
During the term
• If the president dies, becomes permanently disabled, is removed from office, or
resigns, the vice president becomes the president and serves the unexpired term
• If both the president and the vice president die, become permanently disabled,
are removed from office, or resign, the president of the Senate or, in case of their
inability, the speaker of the House of Representatives, will act as president until a
president or vice president is elected and qualifies
• If the acting president dies, becomes permanently disabled, is removed from
office, or resigns, Congress shall, by law, provide who shall serve as president.
They shall serve until the president or the vice president shall have been elected
and qualified, and be subject to the same restrictions of powers and
disqualifications as the acting president
POWERS OF THE
PRESIDENT
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.
 CHAPTER 1. POWER OF CONTROL OVER THE
EXECUTIVE BRANCH
(Article VII, Section 17)

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.
 CHAPTER 1. POWER OF CONTROL OVER THE
EXECUTIVE BRANCH
(Article VII, Section 17)

There are two factors that contribute to effective hold

and control of the President over all executive
departments, bureaus, and offices, to wit:
(a) the power of appointment with which he may
choose men of competence and confidence;
(b) the power of removal with which he may weed out
incapable and dishonest officials.
 CHAPTER 2. 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.
1. Executive Orders
2. Administrative Orders
3. Proclamations
4. Memorandum Orders
5. Memorandum Circulars
6. General or Special Orders
 CHAPTER 2. ORDINANCE POWER
 EXECUTIVE ORDERS – acts of the President
providing for rules of a general or permanent
character in implementation or execution of
constitutional or statutory powers.
Example:
• Executive Order No. 42 – Lifting the mandated price ceilings on
rice under executive order no. 39, s. 2023
• Executive Order No. 39 – Imposition of Mandated Price Ceilings
on Rice
 CHAPTER 2. ORDINANCE POWER
 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.

Example:
• Proclamation No. 1081 – Proclaiming a state of martial law in
the Philippines signed on September 21, 1972.
• Proclamation No. 90 – Regular Holiday Bonifacio Day moved
to November 27, 2023.
 CHAPTER 2. ORDINANCE POWER
 GENERAL OR SPECIAL ORDERS – Acts and
commands of the President in his capacity as
commander-in-chief of the Armed Forces of the
Philippines.
Example:
• General Order No. 11 - Directing the armed forces of the
Philippines and the Philippine National Police to prevent and
suppress lawless violence and acts of rebellion in the province of
Maguindanao (except for certain areas) pursuant to Proclamation No.
1959 dated 4 December 2009
 CHAPTER 3. 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:
• Power to Deport
• Power to Change Non-Immigrant Status of Aliens
• Power to Countermand Decisions of the Board of Commissioners of
the Bureau of Immigration
• Power over Aliens under the General Principles of International Law
 CHAPTER 4. POWER OF EMINENT DOMAIN, ESCHEAT,
LAND RESERVATION AND RECOVERY OF ILL-GOTTEN
WEALTH

 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

 Power to Direct Escheat or Reversion Proceedings - right

of a government to take ownership of estate assets or unclaimed property
in the event there are no heirs or beneficiaries.
 CHAPTER 5. POWER OF APPOINTMENT
• 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).
 CHAPTER 5. POWER OF APPOINTMENT
• Power to Issue Temporary Designation - (1) The
President may temporarily designate an officer already
in the government service or any other competent person
to perform the functions of an office in the executive
branch, when: (a) the officer regularly appointed to the
office is unable to perform his duties by reason of
illness, absence or any other cause; or (b) there exists a
vacancy;
 CHAPTER 6. 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.
 CHAPTER 7. Other Powers
• The Power to Declare Martial Law (Section 18)
• The Power to suspend the privilege of writ of habeas
corpus (Section 18)
• The Power to veto a law
• The Power to commute sentence, grant pardon, reprieve
and amnesty (Section 19)
 CHAPTER 7. Other Powers
• THE POWER TO DECLARE MARTIAL LAW (Section
18)
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.
In case of invasion or rebellion, when the public safety requires
it, he may, for a period not exceeding sixty days, suspend the
privilege of the writ of habeas corpus or place the Philippines or
any part thereof under martial law.
 CHAPTER 7. Other Powers
• THE POWER TO DECLARE MARTIAL LAW (Section
18)
Within forty-eight hours from the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus, the President shall
submit a report in person or in writing to the Congress. The Congress,
voting jointly, by a vote of at least a majority of all its Members in regular
or special session, may revoke such proclamation or suspension, which
revocation shall not be set aside by the President.
Upon the initiative of the President, the Congress may, in the same
manner, extend such proclamation or suspension for a period to be
determined by the Congress, if the invasion or rebellion shall persist and
public safety requires it.
 CHAPTER 7. Other Powers
• THE POWER TO SUSPEND THE PRIVILEGE OF
WRIT OF HABEAS CORPUS (Section 18)
The suspension of the privilege of the writ shall apply only to
persons judicially charged for rebellion or offenses inherent in or
directly connected with the invasion.
During the suspension of the privilege of the writ, any person
thus arrested or detained shall be judicially charged within three
days, otherwise he shall be released.
 CHAPTER 7. Other Powers
• THE POWER TO COMMUTE SENTENCE, GRANT
PARDON, REPRIEVE AND AMNESTY (Section 19)
• Commute Sentence - the power to reduce or lessen a sentence resulting
from a criminal conviction.
• Full Pardon – absolves the individuals from all the legal consequences
of his or her crime and conviction
• Conditional Pardon - the individual must meet certain conditions before
or after release
 CHAPTER 7. Other Powers
• THE POWER TO COMMUTE SENTENCE, GRANT
PARDON, REPRIEVE AND AMNESTY (Section 19)
• Reprieve - the temporary suspension or delay in the implementation of a
criminal sentence ordered by the court.
• Amnesty – sovereign act of oblivion or forgetfulness (from Greek
amnēsia) for past acts, granted by a government to persons, usually
military and government leaders, who have been guilty of crimes or
political offenses.
PERFORMANCE TASK 3