Executive executive power is vested in him alone
Chief Executive the president in a presidential government
The executive power shall be vested in the
SECTION 1.
President of the Philippines.
Executive Power
No person may be elected President unless
he is a natural-born citizen of the PH, a
aregistered voter, able to read and write, at
SECTION 2. least 40 years of age on the day of the
election, and a resident of the PH for at
least 10 years immediately preceding such
election.
There shall be a Vice-President who shall
have the same qualifications and term of
SECTION 3. office as the President. He may be removed
from office in the same manner as the
President.
Congress (in case
The President and the Vice-President shall
Election for VP same manner as the President
be elected by direct vote of the people for a
term of 6 years which shall begin at noon
on the 13th day of June next following the
Term of Office
day of the election and shall end at noon of
the same date 6 years thereafter. The
President shall not be eligible for any re-
election. No person who has succeeded as
President and has served as such for more
than 4 years shall be qualified for election to
Term of Office VS
the same office at any time.
Tenure of Office
SECTION 4.
Elections for
President
and Vice-
President and Vice- (even in acting capacity) is also DISQUALIFIED for reelection as
President
No Vice-President shall serve for more than
2 successive terms. Voluntary renunciation
of the office for any length of time shall not
be considered as an interruption in the
continuity of the service for the full term for
both head of State and of government (1935 and present Consti.)
President not a legislative leader with membership in Congress
purely an executive
the power to administer the laws (carrying them into practical operation
and enforcing their due observance)
include: Constitution, statutes (Congress), decrees (1973 Consti),
Laws
executive orders (President), decisions (courts)
natural-born citizen
registered voter
able to read and write
Qualifications
at least 40 y/o on the day of ELECTION (not proclamation or assumption
of office)
resident for at least 10 years preceding the election
Other no other educational, academic, or literary qualifications in line with
Qualifications egalitarian objectives of our democratic society
same qualifications and term of office
can be removed from office via impeachment
Vice President may be appointed as a Cabinet member without confirmation from the
Commission on Appointments so as not to degrade the dignity of his high
office
direct popular election despite controversies on vote-buying, etc.
a) more democratic, more Filipino (individually voting for leaders)
1) System of
b) popular support = courage to effect policies promotive of greater good
Voting
(rather than an executive elected by Congress members for an indefinite
amount of time)
2) Election by
chosen by a majority vote of all the members in session assembled
(PRESENT MEMBERS ONLY)
of a tie)
Pres and VP enjoy security of tenure (cannot be removed from office
except in specific cases)
START: 12NN, June 30 after day of election,
END: 12NN 6 years after (shall assume their office at the beginning of
their terms)
1)Term of Office - period during which an officer may claim to hold the
office as of right; interval between which incumbents succeed on another
2)Tenure of Office - actual incumbency; period during which the officer
actually holds office (may be shorter than term)
Pres (and VP) may be removed from office by Congress thru
impeachment.
Vacancy in office - in case of disability, death, or resignation
Right to Hold 3) Right to hold office - just and legal claim to enjoy the powers and
Office responsibilities of the office
4) Office - an institutional unit of government; term - matter of time during
Office
which one may hold the office
1)Absolute disqualification to any person who has held the office of
President
2) Eligibility of VP - cannot serve for 2 consecutive terms but is eligible
for election as President
Reelection of the a) A VP who succeeded and served as Pres for more than 4 years
President President at any time
b) Voluntary Renunciation of the VP = not an interruption in the
continuity of service, ergo, a VP who voluntarily renounced office is
deemed to have served for 6 years (for the ban against reelection)
3) Pres and VP may be elected to a lower position
1) Vulnerable to constant political pressures to preserve political support
from the people. Presidents elected has used their first term to work for
reelection
2) Handicap - political motivation ascribed to his every action. Alienating
votes is an obstacle for proper and impartial performance of his duties
 which he was elected. Prohibition - 3) Danger to public funds and possible bankrupcy
REASONS 4) It widens the base of leadership: no man in indispensable in a
democracy
5) Against political dynasties
6) 6 years is reasonable time to implement his plans and programs
7) Criticism 6 years to long for a bad president, too short for a good one -
solved by provisions for impeachment. Any term is short for a good
president.
Forecloses the possibility of a good president to be recalled to office,
Prohibition - should his services be required.
ARGUMENTS People are the wisest judge on how many terms the Pres or VP should
AGAINST have.
Alternative - ban on IMMEDIATE reelection.
Unless otherwiser provided by law, the
regular election for President and Vice-
Election Day 2nd Monday of May
President shall be held on the second
Monday of May.

The returns of every election for President

Canvass examine for authenticity
and Vice-President, duly certified by the
board of canvassers of each province or
city, shall be transmitted to the Congress,
1) Returns transmitted to Congress - canvassed by the Board of
directed to the President of the Senate.
Canvassers (each province/city), adding all returns from each town.
Upon receipt of the ecertificates of canvass,
Returns must be duly certified by the Board and transmitted to Congress,
the Pesident of the Senate shall, not later
directed to Senate President. Not later than 30 days shall the SP
than 30 days after the day of the election,
Canvassing of canvass the votes in the presence of the Senate and HoR in joint public
open all the certificates in the presence of
Returns and session and upon the determination of authenticity and due
the Senate and the HoR in joint public
Proclamation execution thereof* of certificates. (in a manner provided by law)
session, and the Congress, upon
determination of the authenticity and due
*Congress must first be satisfied of the genuineness of certificates. In
execution thereof in the manner provided by
SECTION 4. case of falseness, statistical improbability, or patent irregularity, they can
law, canvass the votes.
Canvassing reject them or make an inquiry regarding them.
and
Contests The person having the highest number of 2) Plurality rule sanctioned - no minimun number of votes or any majority
votes shall be proclaimed elected, but in vote (merely states HIGHEST NUMBER OF VOTES), ergo, a MINORITY
case two or more shall have an equal and PRESIDENT may be elected (less than 50% due to low voter turnout or if
highest number of votes, one of them shall Plurality Rule there are more than 2 candidates.
forthwidth be chosen by the vote of a 3) Candidate to be proclaimed - highest number of votes. In case of a tie
majority of all the Members of both Houses (2 or more) one shall be chosen by aa vote of the majority
of the Congress, voting separately. membership of Congress in session assembled.
The Congress shall promulgate its rules for Congress is empowered to promulgate its rules for the canvassing of the
the canvassing of the certificates. certificates.
en banc as one body
The Supreme Court, sitting en blanc , shall
Contests election, returns, qualifications of the President or VP
be the sole judge of all contests relating to
sitting en banc shall be the sole judge of contests
the elecion, returns, and qualifications of the
President or Vice-President, and may may promulgate its rules for this purpose
Supreme Court
promulgate its rules for the purpose. sole judge of electoral disputes involving the President-elect / VP-elect
Before they enter on the execution of their
office, the President, the Vice-President, or
Oath outward pledge made under an immediate sense of responsibility to God.
the Acting President shall take the following
oath or affirmation:
"I do solemnly swear (or affirm) that I will
in place of and is equivalent to an oath, if the person does not believe in
faithfully and conscientiously fulfill my duties Affirmation
God
SECTION 5. as President (or Vice-President or Acting
President) of the Philippines, preserve and
defend its Constitution, execute its laws, do Oath-taking Mandatory, acts as his formal induction
justice to every man, and consecrate myself
to the service of the Nation. So help me
"…do justice to
God." (In case of affirmation, the last vast powers may cause harm and injustice when abused
every man…"
sentence will be omitted.)
Official Residence
determined by law
of the President
provided by law

The President shall have an official
residence. The salaries of the President and
VP shall be determined by law and shall not
be decreased during their tenure. No
increase in said compensation shall take
SECTION 6.
effect until after the expiration of the term of
Compensation of
the incumbent during which such increase
Pres and VP
was approved. They shall not receive druing
their tenure any other emolument from the
Government or any other source.
a)shall not receive any other emoluments: per diems, allowances, etc
from govt or others.
Without prohibition, they are able to make use of their positions for
pecuniary gains
b) compensation cannot be increased/decreased by Congress during
Annual
their continuance in office to secure their independence from Congress
c) Initial: Pres = P300,000.00 ; VP = 240,000.00
PNOY: P120,000.00/month ; 1.44M annual
DU30: P298,083 per month ; P3.58M annual
OR P399,739 per month ; P4.8M annual
Leni: P264,721 per month ; P3.2M annual
OR P353,470 per month ; / P4.2M annual
Lowest-paid Gov't Worker: max of P11,732

The President-elect and the Vice-President- Classes of 1)Before assumption of office (before June 30 after election)
elect shall assume office at the beginning of Presidential
their terms. Succession 2) After assumption of office (some time after June 30)

If the President-elect fails to qualify, the a) If P-E fails to qualify

VP-elect shall act as President until the
President-elect shall have qualified. b) If P-E shall not have been chosen
When VP shall ACT c) In case of temporarily inability or incapacity to discharge his powers
If a President shall not have been as President and duties
chosen, the VP-elect shall act as President
TENURE OF OFFICE. VP is Acting Pres only until he has qualified, a
until a President shall have been chosen
president has been chosen and qualified, or disability is terminated.
and qualified.
Acting Pres is not Incumbent Pres ergo he has not become president
If at the beginning of the term of the a) BEGINNING OF TERM: If the President shall have died/ become
President, the President-elect shall have permanently disabled.
died or shall have become permanently b) AFTER ASSUMPTION OF OFFICE: In case of death, permanent
disabled, the VP-elect shall become disability, removal from office, resignation - he shall serve the
President. When VP shall UNEXPIRED TERM
Where no Pres and VP shall have been become President
chosen or shall have qualified or where TERM OF OFFICE. In both cases there is a permanent vacancy of office.
both shall have died or become VP shall serve full/unexpired term depending on the case.
permanently disabled, the President of the
Senate or, in case of his inability, the
SECTION 7.
Speaker of the House of Representatives
shall act as President until a President or a 1) BEFORE ASSUMPTION. SP or HoR Speaker shall be ACTING
Vice-President shall have been chosen and PRESIDENT until a President/VP is chosen/qualified
qualified.
The Congress shall, by law, provide for the 2)AFTER ASSUMPTION. SP or HoR Speaker shall be ACTING
manner in which one who is to act as PRESIDENT in case of death, perm. Disability, removal or resignation by
President shall be selected until a President both P and VP until a P or VP is chosen and qualifies.
or a VP shall have qualified, in case of
death, permanent disability, or inability of
the officials mentioned in the next preceding
Where there are no
paragraph.
President and VP
In case of death, permanent disability,
removal from office, or resignation of the 3) NEITHER CAN ACT AS PRES. Congress shall provide for when deth,
President, the VP shall become the Pres to perm. Disability or resignation of acting Pres as to who shall act as
serve the unexpired term. In case of death, President, including manner of his selection until the Pres or VP shall
permanent disability, removal from office, or have been elected/ qualified.
resignation of both Pres and VP, the
President of Senate or, in case of his
inability, the Speaker of the HoR, shall then
act as Pres until the President or VP shall
have been elected or qualified.

The Congress shall, by law, provide who

shall serve as President in case of death, VP is the only heir apparent of the President.
permanent disability, or resignation of the
Acting President. He shall serve until the
SECTION 8 Special Election
SECTION 8. Special Election
President or the VP shall have been eleted
and qualified, and be subject to the same Where no Pres/VP shall have qualified, a special election shall be held,
restrictions of powers and disqualifications because the Pres/VP must always be chosen or elected by the people
as the Acting President.
Whenever there is a vacancy in the Office of
the VP during the term for which he was
1) Nomination by the President from the Houses of Congress
elected, the Pres shall nominate a VP from
among the Members of the Senate and the Vacancy in the
SECTION 9.
HoR who shall assume office upon Office of the VP
2) Confirmation by Congress - majority vote of ALL MEMBERS OF THE
confirmation by a majority vote of all the
BOTH HOUSES OF CONGRESS ; Nominee shall assume office upon
Members of both Houses of the Congress,
such confirmation
voting separately.
The Congress shall, at 10AM of the 3rd
day after the vacancy in the offices of the
Pres and VP occurs, convene in accordance
with its rules without need of a call and
within 7 days enact a law calling for a
special election to elect a President and a 1) Special Election - in case of permanent vacancy in both offices;
VP to be held not earlier than 45 days nor convening of Congress cannot be suspended; SE cannot be postponed
later than 60 days from the time of such
call. The bill calling such special election
shall be deemed certified under
PARAGRAPH 2 SECTION 26 ARTICLE 6 of
the Consti (BILL TO LAW, UNDER
Vacancy in the
SECTION SPECIAL CIRCUMSTANCES). and shall
BOTH Offices of
10. become law upon its approval on 3rd
the Pres and VP
reading by the Congress. Appropriations
for the special election shall be charged
against any current appropriations and shall
be exempt from the requirement of
PARAGRAPH 4 SECTION 25 ARTICLE 6 of
the Consti. (PROVISION FOR EXISTING 2) When SE is not allowed - if vacancy occurs 18 months before the next
APPR.) The convening of the Congress Presidential election; unnecessary and costly
cannot be suspended nor the special
election postponed. No special election
shall be called if the vacancy occurs within
18 months before the date of the next
presidential election.

Whenever the Pres transmits to the Senate

Pres and the House Speaker his written
declaration that he is unable to discharge
the powers and duties of his office, and no provision in the 1935 and 1973 Constitutions. Present Consti: A
until he transmits to them a written disabled President could insist on his capacity.
declaration to the contrary, such powers
and duties shall be discharged by the Vice-
President as Acting President.

Whenever a majority of all the Members of

the Cabinet transmit to the Senate Pres and
to the House Speaker their written
declaration that the Pres is unable to 1) by President - VP shall shall be AP until the Pres transmits to the 2
discharge the powers and duties of his officials a written declaration of the termination of this incapacity.
office, the VP shall immediately assume the
powers and duties of the office as Acting
President.
 Thereafter, when the president tansmits to
the President of th Senate and to the
Speaker of the House his written declaration Rules in the
SECTION that no inability exists, he shall reassume Temporary
11. the powers and duties of his office. Disability of the
Meanwhile, should a majority of all the Pres
Members of the Cabinet transmit within 5 2) By Cabinet Members - President's men; after transmitting such
dyas to the President of the Senate and the declaration, VP shall IMMEDIATELY assume powers as AP until a
Speaker of the House their written transmission from PRES(?) that no inability exists, upon which, the Pres
declaration that the President is unable to shall reassume powers of office
discharge the pwoers and duties of his
office, the Congress shall decide the issue.
For that purpose, the Congress shall
convene, if it is not in session, withing 48
hours, in accordance with tis rules and
without need of call.
If the Congress, within 10 days after the
receipt of the last written declaration, or, if
not in session, within 12 days after it is
required to assemble, determines by a 2/3 3) Decision by Congress in case of dispute - between Pres and Cabinet
vote of both Houses, voting separately, that Members; decided by a 2/3 vote of BOTH HOUSES VOTING
the President is unable to discharge the SEPARATELY shall decide the existence and/or termination of
powers and duties of his office, the VP shall presidential incapacity.
act asPresident, otherwise, the Pres shall
continue exercising the powers and duties
of his office.

In case of serious illness of the Pres, the

public shall be informed of the state of his
When public
health. The members of the Cabinet in in case of serious illness; involves national security and public interest
SECTION should be informed
charge of national security and foreign
12. of the President's
relations and the Chief of Staff of the AFP,
state of health
shall not be denied access to the Pres
during such illness. to safeguard the interest of the nation
does not require that the illness should incapacitate the President

The Pres, VP, and Cabinet Members, and

their deputies or assistants, shall not, unless
otherwise privded in this Constitution, hold
any other office or employment during their
tenure. They shall not, during said tenure,
directly or indirectly practive any other
profession, aprticipatte in any business, or
be financially itnerested in any contract with, President, VP, Cabinet Members, deputies, and assistants
Prohibitions during
or in any franchise, or special priviledge
their tenure
granted by the Government or any
subdivision, agency, or instrumentality
thereof, including government-owned or -
controlled corporations or their subsidiaries.
They shall strictly avoid conflict of interest in
the conduct of their office.

a) Shall not hold any other office unless otherwise provided in the Consti
VP may be appointed as a Cabinet Member (without need for
SECTION confirmation)
13. Secretary of Justice is a member of the Judicial and Bar Council
EXCEPTIONS
elective officials allowed by law or by the primary functions of his position
Congress may establish an Independent Economic and Planning Agency
with the headed by the PRESIDENT
The spouse and relatives by consanguinity
b) shall not practice any other profession
or affinity within the 4th civil degree of the
c) shall not participate in any business (directly or indirectly)
President shall not during his tenure be
Prohibitions during d) shall not be financially interested in any contract with or in any
appointed as Members of the Constitutional
their tenure franchise or special priviledge
Commissions or the Office of the
 Commissions, or the Office of the
Ombudsman, or as Secretaries, or offices,
including government-owned or -controlled
corporations and their subsidiaries.
functions of Acting -a pres shall have qualified / elected and qualified
Appoinments extended by an Acting
President shall remain effective, unless
SECTION
revoked by the elected President within 90
14.
days from his assumption or reassumption
of office.
2 months immediately before the next
presidential elections and up to the end of
his term, a Pres or AP shall not make
SECTION
appointments, except temporary
15.
appointments to executive positions when
continued vacancies therein will prejudice
public service or endanger public saefty.
Officials the Pres is
Officials the Pres is regular members of the Judicial and Bar Council
e) shall strictly avoid conflict of interest in conduct of their office (between
personal/family and public interest)
insure officials devote their full time and attention to duties
Purpose of
prevent them from extending special favors to their own private business
Prohibitions
assure public of their faith and dedication to performance of functions
Other Officials
Members of Congress, Constitutional Commissions and the Tanodbayan
subject to
and his Deputies
prohibition
PUBLIC OFFICE IS A PUBLIC TRUST
Prohibition from appointing his spouse and relatives by consanguinity/
Rule on Nepotism
affinity within the 4th civil degree
Powers and same as powers and functions of the Office of the Pres UNTIL
Pres -his temporary incapacity shall have terminated
NOT THE INCUMBENT PRESIDENT; has not become the President to
Acting President
serve the unexpired term for only a TEMPORARY vacancy
Revocation of Appointments by AP are naturally valid and effective
Appointments by Elected Pres can REVOKE them within 90 DAYS from assumption or
elected Pres reassumption of office
avoid the possibility of removal for an indefinite period of time over the
90 Day Rule
concerned officials
Prohibition of appointments, before next presidential elections and
2 Month Rule thereafter until the expiration of the TERM of the incumbent, or TENURE
of the AP
Purpose of curb possible misuse of the power of appointment (such as in mass
Prohibition midnight / last-minute appointments)
When continued vacancies prejudice public service / endanger public
safety:
Exceptions Requisites: a) temporary
b) executive positions
c) urgent in the interest of public service / safety
Judicial Positions debatable
the act of designation by the executive officers, board, or body to whom
Appointment the power has been delegated, of the individual who is to exercise the
functions of a given office
intrinsically an executive prerogative
Legislative power ceases after creating the office, defining powers, limits
Nature of the
duration, and provides compensation
Power to Appoint
Congress and courts may appoint officers necessary to the exercise of
their own functions.
a) Heads of executive departments (department secretaries who are
cabinet members), ambassadors, and other public ministers and consuls
b) officers of the AFP from colonel or naval captain
authorized to c) other officers whose appointments are vested in the Pres by the Consti
appoint under d) all other officers of the Govt whose appointments are not provided for
Section 16. by law (offices created by Congress without provision for their
appointments, or provides one in an unconstitutional way)
e) those who he may be authorized by law to appoint (government-
owned/-controlled corps., department undersecretaries, heads of
bureaus and offices, and other officials.
Qualifications may be imposed by Congress
members of the Supreme Court
judges of lower courts incl. Sandiganbayan
authorized to Chairman and Commissioners of the Civil Service Commission
appoint under Chairman and Commissioners of the Commission on Elections
other provisions Chairman and Commissioners of the Commission on Audit
Ombudsman and deputies
appointing authority unstated for Commission on Human Rights

The Pres shall nominate and, with the
consent of the Commission on
Appointments, appoint the heads of the
executive departments, ambassadors, other Minor Employess power to appoint may be vested in enumerated officials too
public ministers and consuls, or officers of
the AFP from the rank of colonel or naval
captain and other officers whose
appointments are vested in him in this
Consti. He shall also appoint all other
officers of the Govt whose appointments are
not otherwise provided for by law, and those
SECTION whom he may be authorized by law to
16. appoint. The Congress may, by law, vest
the appointment of other officers lower in
rank in the Pres alone, in the courts, or in
the heads of departments, agencies,
commissions, or boards. P2. The Pres shall
have the power to make appointments
during the recess of the Congress, whether
voluntary or compulsory, but such
appointments shall be effective only until
disapproval by the Commission on
Appointments or until the next adjournment
of the Congress.
regular appointing
a) Heads of executive departments (department secretaries who are
cabinet members), ambassadors, and other public ministers and consuls
Confirmation of
appointments b) officers of the AFP from colonel or naval captain
c) other officers whose appointments are vested in the Pres by the Consti
Department undersecretaries and bureau heads and certain offices
under departments which are not called bureaus (SEC, Insurance
Exceptions from
Comm., Natl Irrigation Admin., etc)
Confirmation
to insulate then from the baneful influence of partisan politics
civil service officers, appointments based on merit and fitness
Appointment by courts, heads of departments, agencies, commissions, boards may be
other officials vested by Congress the power to appoint officers LOWER IN RANK
officer subordinate to those enumerated officers in whom respectively the
power of appointment may be vested
Lower in Rank does not include bureau heads and offices not specifically mentioned in
the Consti (may be appointed by the Pres who are subordinates of
Cabinet members)
Judiciary officials
appointed by Supreme Court
and employees
Kinds of Appointments required to be submitted to Comm. On Appointments
Presidential a) Regular - during sessions of Congress
Appointments b) Ad Interim - during recess of Congress
1) Nomination by President
Stages in Regular 2) Approval / Consent of Comm. On Appointments
Appointments 3) Appointment by Pres
NO APPOINTMENT YET UNTIL CONFIRMED
Compulsory Recess - when Congress adjourns
Voluntary Recess - before adjournment of Congress (Christmas recess)
CoA meets only when the Congress is in session
Recess appointment power keeps in continuous operation the business
of govt when Congress is not in session
Ad Interim
EFFECTIVITY
Appointments
Upon rejection of the Commission
If not acted upon, at the adjoournment of the next session (regular or
special) of Congress (effective until the end of the ssession following
such appointment/ until the next adjournment)
to give the Commission time to deliberate before confirming/rejecting
as opposed to Section 15 - temporary appointments
power
Permanent - lasts until lawfully terminated; cannot be removed except for
Kinds of
cause
Appointment in
Temporary - meets all reqs; not more than 12 months (but may be
Career Services
replaced sooner); may be removed without hearing or cause
1) Appointment - act by appointing power; may include issuance of the
Steps in Pres of the Commission (written evidence of appointment)
Appointing 2) Acceptance - act by appointee; may or may not accept; to enable him
Process ot have full possession, enjoyment, responsibility of an office; not
necessary to legality of appointment
1) Express - verbal / written
Kinds of
2) Implied - without formal acceptance; entering upon the exercise of
Acceptance
duties/functions on office
best formal evidence of acceptance; sometimes law requires a bond be
Oath of Office
posted
mere imposition of new of additional duties upon an officer already in the
Designation not govt service to TEMPORARILY PERFORM fuctions of an office in the
Appointment EXECUTIVE when officers appointed to those offices are unable to
perform/there is a vacancy
ouster of an incumbent before expiration of his term of office
1) not expressly granted in the Consti
2) Impliedly granted

The President shall have control of all the
SECTION executive departments, bureaus, and
17. officers. He shall ensure that the laws be
faithfully executed.
The Pres shall be the Commander-in-Chief
of all AFP and whenever it becomes
necessary, he may call out such armed
forces to prevent or suppress lawless
violence, invasion, or rebellion. In case of Military Power of
invasion or rebellion, when the public safety
requires it, he may, for a period not
exceeding 60 days, suspend the
priviledge of the writ of habeas corpus or
place the PH or a part thereof under
martial law. Within 48 hours from the
proclamation of martial law or the
suspension of the priviledge of the writ of
habeas corpus, the Pres 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 Commander-in-
revoke such proclamation or
suspension, which revocation shall not be
set aside by the Pres. Upon the initiative of
the Pres, the Congress may, in the same
manner, extend such proclamation by the
Congress, if the invasion or rebellion
shall persist and public safety requires it.
The Congress, if not in session, shall, within
a) power to appoint (=power to remove)
b) power to remove executive in nature
c) duty to execute laws
Removal Power
d) control of all departments
e) no officer/employee in Civil Service may be removed/suspended
except for casue provided by law
3) removal power of other offices - Congress may provide for removal
power with the power to appoint subject to restrictions for public interest
1) officers exervcising PURELY EXECUTIVE FUNCTIONS whose tenure
is not fixed by law (i.e. Cabinet members) - may remove with/without
cause and Congress may not restrict such power
2) Officers exercising QUASI-LEGISLATIVE/-JUDICIAL functions (e.g.
Extent of Removal SEC members) may be removed only on grounds provided by law to
Power protect their independence
3) Constitutional officers removable only by means of IMPEACHMENT,
JUDGES OF LOWER COURTS - not subject to removal power
4) Civil Service Officers - may be removed for cause provided by law
President as to see to it that every dep't, bureau, office is managed and maintained
Administrator properly
Powers giving 1) Power to appoint
control 2) Power to remove
1) Over cabinet members - they serve as his ALTER EGOS, ergo, he
may alter/modify/set aside what an ifficer had done in performance of his
duties; substitute his judgment for the President's; act directly in any
specific function; direct the performance of a duty; restrain the
commmission of acts; determine priorities; prescribe standards,
Nature and Extent guidelines, plans, programs
of power of control 2) Over other subordinate officers - power to supervise, investigate,
suspend, remove appointees (or employees not belonging to career
service)
3) Over officers/employees in career service - NO AUTHORITY to
directly investigate/remove even for cause; they are under the jurisdiction
of the Civil Service Commission
Power to Insure Primary Function - as seen in his oath / affirmation
Laws be faithfully More of a mandatory duty than power - regardless of his opinion; a law is
executed valid and constitutional until judicially declared otherwise.
Powers to meet emergency situations:
a) Call out armed forces to prevent/supress lawless violence, invasion,
rebellion
b) suspend the priviledge of the writ of habeas corpus
c) declare martial law
the President
additional built-in measure: emergency powers delegated to Pres by
Congress
supremacy of civil authorities over military forces
"all armed forces" includes the PNP
civil official and military officer (NOT A MEMBER - not subject to court
martial or military discipline)
1) As CIC has control of military organization in PEACE time or in WAR
time
Chief of the AFP
2) Empowered to create military tribunals to try persons who violate
miltary laws/ commit crimes against national security. In times of martial
law, military courts have NO JURISDICTION over civilians where civil
courts are able to funciton.
3) In event of war, Pres would normally delegate actual command to
military experts, but ULTIMATE COMMAND belongs to him
Shares with Pres his authority over AFP
 24 hours following such proclamation or
suspension, convene in accordance with Congress over AFP makes laws for governance
its rules without need of a call.
The Supreme Court may review, in an
appropriate proceeing filed by any citizen,
the sufficiency of the factual basis of the
proclamation of martial law or the
suspension of the priviledge of the writ
or the extension thereof, and must
promulgate its decision thereon within 30
days from its filing.
Martial Law
SECTION
18.
A state of martial law does not suspend
the operation of the Constitution, nor
supplant the functioning of the civil courts or
legislative assemblies, not authorize the
confermennt of jurisdiction on military
courts and agencies over civilians where
civil courts are able to function, nor
automatically suspend the priviledge of
the writ.
The suspension of the priviledge of the writ
shall apply only to persons judicially
Authority of supplies money
sole power to declare a state of war
Comprehensive Sense - all laws having reference to and are
administered by military forces of the State including:
a) Military Law Proper - laws enacted by the lawmaking body for the
government of the AFP
b) rules governing the conduct of military forces in times of war and in
places under military occupation
Strict Sense - law which has application when the miltary arm does not
supersede civil authority but is called upon to aid it in the execution of its
vital functions.
1) BASIS - one of the rights of sovereignty (as essential as the right to
declare war); founded on necessity and is inherent in every government
2) OBJECT - preservation of the public safety and good order; peace,
good order, security, government may be destroyed when lawless
elements cannot be stopped by civil authorities
3) DURATION - may not extend beyond what is required by the
exigencies that call it forth; TIME LIMIT FOR MARTIAL
LAW/SUSPENSION OF THE WRIT: 60 DAYS
1) Reasons - 14 years of martial rule; effects on human rights
2) Specifically:
a) There must be an ACTUAL invasion/rebellion
b) shall not exceed 60 days (may be extended by Congress who shall
convene within 24 hours after proclamation; extension initiated by the
Pres for a period determined by Congress)
c) Pres must submit a report within 48 hours of proclamation to guide
Restrictions on the
Congress in deciding the action to take (revocation/extension)
exercise of the 2
d) Congress is required to review the proclamation. It may be revoked
powers
by a majority of ALL MEMBERS voting JOINTLY; revocation may not be
set aside by Pres
Supreme Court may inquire in to sufficiency of factual basis; ergo,
actions of Pres and Congress are subject to judicial review
2 powers cannot be exercised as a PREVENTIVE MEASURE
e) effects of a state of martial law are clearly stated to define the extent
of martial law power
denials; what are NOT effects
1) Does not suspend the operation of the Constitution - civil authority is
always supreme over miltary; interference with individual
liberties/property rights must be justified by absolute necessity in the
interest of national security/public welfare
2) Does not supplant the functioning of the civil courts/ legislative
assemblies - serves as a warning to citizens; no new power to president;
no extension of arbitrary authority; no civil rights are suspended; merely
Effects of a state of
assist the civil government NOT TO SUPPLANT IT
martial law
3) Does not authorize the conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to function - persons
may not be arrested and detained indefinitely without court orders;
civilians may not be tried by a military commission / court-martialed for a
crime relating to national security; civil laws are NOT SUSPENDED
4) Does not automatically suspend the priviledge of the writ of habeas
corpus - so as not to negate the suspension when an actual emergency
occurs
1) Conditions
 shall apply only to persons judicially
charged for rebellion or offenses
inherent in or directly connected with
invsion
During the suspension of the priviledge of
the writ, any person thus arrested of
detained shall be judicially charged within
3 days, otherwise he shall be released.
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.
SECTION
19.
a) During an invasion / rebellion
b) Public safety must require the suspension
Power to Suspend
shall not exceed a period of 60 days
the Priviledge of
2) Persons covered
writ of habeas
-persons judicially charged for rebellion or offenses inherent in, or directly
corpus
connected with invasion
must be released within 3 days if not judicially charged
when writ is suspended, right to bail is NOT IMPAIRED
1) Traditionally vested in the President - Chief of a Nation = President
2) Practically without limitations - cannot be taken away or be made
subject to limitations or conditions beyond those provided in the
Pardoning Power Constitution; cannot be questioned for reasonableness; his discretion is
absolute
3) Extends to all offenses - including CRIMINAL (not civil) CONTEMPT;
does not give the Pres to exempt anyone from the law, only from
punishment
Reprieve postponement of execution of a death sentence to a CERTAIN DATE
Suspension postponement of execution of a death sentence for an INDEFINITE TIME
Reduction of a sentence impsoed to a lesser punishment (death
Commutation sentence to life imprisonment); may be granted without acceptance or
even against the will of a convict
Act of grace proceeding from the powe entrusted with the execution of
Pardon laws EXEMPTING the individual from punishment the law inflicts for a
crime he has committed
method by which a prisoner who has serve a portion of his sentence is
Parole* conditionally released but remains in legal custody, the condition being
that in case of misbehavior, he shall be imprisoned.
afford relief from undue harshness or evident mistake in the operation or
enforcement of criminal law
courts not necessarily always wise or considerate ot circumstances -
Object of must rely on evidentiary record; President can take a broader look and
Pardoning Power consider facts and circumstances beyond evidence
thought essential in popular/democratic and monarchial governments to
grant in some other authority the power to ameliorate or avoid particular
judgments
1) Absolute - not subject ot any condition; effective when made
Kinds of Pardon 2) Conditional - subject to any condition/qualification the President may
see fit; must be ACCEPTED by offender to become effective
1) Offenses in impeachment cases
2) exercised only AFTER conviction by final judgment
Limitations to 3) may not be exercised over CIVIL CONTEMPT
Pardoning Power 4) Violation of election of law or rules and regulations, no pardon, parole,
or suspension may be granted without the recommendation of the
ComElec
failure to do something ordered by a court to be done in a civil action for
Civil Contempt
the benefit of a party and is an offense against that party
any conduct directed against the dignity or authority of a court, which
Criminal Contempt
tends to bring the court into disrepute or disrespect
Pres has power to remit fins and forfeitures for all offenses AFTER
FINAL CONVICTION.
Congress may constitutionally authorize other officers (dept
Remission of Fines
heads/bureau chiefs) to remit administrative fines and forfeitures
and Forfeitures
Pres is limited to fines or forfeitures as have not been vested in third
parties or paid into the treasury of the gov't (funds cannot be paid out of
treasury without the authority of Congress)
Remission prevents collection of fines or the confiscation of forfeited property
act of sovereign power granting OBLIVION or GENERAL PARDON for a
Amnesty past offense in favor of certain persons who have committed crimes of a
political character, such as treason, sedition, or rebellion
Person stands before law precisely as though he had committed no
Effect of Amnesty
offense
 He shall also have the power to grant
amnesty with the concurrence of a majority
of all the Members of Congress.
The President may contract or guarantee
foreign loans on behalf of the Republic of
the PH with the prior concurrence of the
Monetary Board, and subject to such
limitations as may be provided by law. The
Monetary Board shall, within 30 days from
the end of every quarter of the calendar
SECTION
year, submit to the Congress a complete
20.
report of its decisions on applications for
loans to be contracted or guaranteed by the
Government or government-owned and -
controlled corporations which would have
the effect of increasing the foreign debt, and
containing other matters as may be
provided by law.
No treaty or international agreement shall
SECTION
be valid and effective unless concurred in by
21.
at least 2/3 of all the Members of the Senate
The Presdient shall submit to the Congress
within 30 days from the opening of every
regular session, as the basis of the general
SECTION
appropriations bill, a budget of expenditures
22.
and sources of financing, including receipts
from existing and proposed revenue
measures
The President shall address the Congress
SECTION
at the opening of its regular session. He
23.
may also appear before it at any other time.
1) P = granted by President alone (after conviction) ; A = in concurrence
with Congress (before or after conviction)
2) P = act of forgiveness ; A = act of forgetfulness
Pardon VS 3) P = infractions of PEACE of the State; A = SOVEREIGNTY of the
Amnesty State
4) P = private act of President, pleaded and proved by person, courts
take no judicial notice; A = public act, proclamation by President, courts
take judicial notice
without need of prior congressional approval' when obtained by private
Exclusive persons (natural or juridical) he may guarantee such loans; he is the
executive official best supplied with information to determine advisability of
functions obtaining loands and the country's capacity for making good use of such
credit
Bangko Sentral ng Pilipinas required to report to Congess on matters
Concurrence with mentioned; it is the custodian of the foreign reserves of the country and
Monetary Board has expertise to determine reasonableness and capacity to pay
required Report will guide Congress in enactment of necessary legislation to
protect national interest
Reasons for not
requiring 1) Takes time - loans may no longer be available after concurrence
congressional
approval
2) Obstructionist congress may withold approval for political reasons
Limitations on its exercise
Check by
investigations if it believes he MB report is not justified
Congress
determine organization and composition of MB
appropriations law is needed to pay out of the treasury a foreign loan
Domestic Loans Concurrence w MB not necessary
compact made between 2 or more states (including international
organizations or states) intended to create binding rights and obligations
Treaty
upon the parties thereto. May be BILATERAL or MULTILATERAL
pact, convention, charter
"…or international states and international organizations (treaty has been defined as
agreement…" international agreement between states )
Entered into by the President on behalf of the country with the
Executive
government of another country, effective without the concurrence of
Agreement
Congress
Negotiations - Pres has sole authority for secrecy, dispatch, and access
to information are essential. Premature disclosures of confidential
information may cause serious embarrassment and imperil successful
Steps in Treaty- negotiations
making
Approval/Ratification - no treaty, international agreement shall be valid
and effective unless concurred by at least 2/3 of all MEMBERS of the
Senate (treaties become law of the land and affect international relations)
task of preparing the budget of receipts and expenditures based on
Budgetary Power existing and proposed revenue measures and other sources (loans),
of the President submitting it to Congress 30 days from opening of every regular session
(4th Monday of July)
Budget financial program of the national govt for a desginated calendar year
primary and specific aim of which is to make appropriations of money
Appropriations Bill
from the public treasury
Prerogative to 1) Start of Regular Session - 4th Monday of July to give SONA and
address and recommend for the consideration of the legislative such measures as he
appear before may deem necessary and proper. These are merely proposals. He may
Congress also present guidelines of national policy.
2) Any time - after the opening of its regular session