The Executive

The learners are expected to articulate the following:

Explain the Meaning of Executive Power;

Discuss the Different Types of Executive Power;

Enumerate the Different Responsibilities of the President of the Philippines; and,

Analyze how the Executive Department Exercises its Executive Power.

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.” Although the 1987 Constitution does not define what executive power is, Article VII
enumerates the other powers of the President aside from executing laws. These are:

1. The power of control over all executive departments, bureaus, and offices;

2. The appointing power;

3. The powers under the commander-in-chief clause;

4. The power to grant reprieves, commutations, and pardons;

5. The power to grant amnesty with the concurrence of Congress;

6. The power to contract or guarantee foreign loans;

7. The power to enter into treaties or international agreements;

8. The power to submit the budget to Congress; and,

9. The power to address Congress

By now, it should be clear that the President holds significant powers. The Chief Executive is the
head of state as well as the head of government. The powers that are inherent in such a position pertain
to the Office unless the Constitution itself withholds it. Therefore, the execution of the laws is only one
of the powers of the President. The charter also grants the President other powers that do not involve
the execution of any provision of law, e.g., the power to chart and conduct the country’s foreign
relations

Take note that the Constitution expressly provides that executive power shall be vested to the
President. Thus, it is only through the President that we can feel executive power. The constitution does
not mention the Vice-President.

 Members of the Executive Branch of the Government

1. President

2. Vice President

3. Cabinet

Between the Vice President and the Cabinet, whom do you think serves as the “assistant” of the
President?

The members of the Cabinet serve as the President’s “assistants.” Why not the Vice President?
The Vice President is not the “assistant” of the President because the framers of the Constitution saw
the possibility that both the President and the Vice President may come from different political parties,
thus clashing political ideas. This reality can be seen through the administration of P-Noy and Duterte,
both have Vice Presidents from political parties different from theirs. Who are the members of the
Cabinet? These are whom we know as the “cabinet secretaries” or “department secretaries.” Members
of the Cabinet serve as the assistants to the President because these people were firstly appointed by
the President.

Who is the highest officer therefore in the Executive Branch of Government? It is the President.

QUALIFICATIONS OF THE PRESIDENT AND VICE PRESIDENT

Qualification President Vice President

Composition 1 1
Citizenship Natural born Filipino Natural Born Filipino
Age 40 40
Educ. Attainment Able to read and write Able to read and write
Residency 10 YEARS 10 YEARS
Term of Office 6 years 6 years
Max.Term of office No re-election 2 consecutive terms

Why is the Philippine President given only one term of office? Thus, is not eligible for re-
election? Take note that the 1987 Philippine Constitution is a result of the political turmoil experienced
by the country during the time of Marcos. Thus, the present constitution provided only one tern for the
President so to limit the possibility of another event whereby the President extends his/her office
beyond that what has been provided by the Charter.

 Vacancies on the Presidency and Vice Presidency

Temporary Vacancy

- These are instances whereby the vacancy is merely temporary, thus, the affected elected President or
Vice President shall still resume his/her public office.

1. No one shall have qualified

2. Temporary Incapacity

3. No one shall not have been chosen

Permanent Vacancy
- These are instances whereby the vacancy is already permanent, thus, the affected elected President or
Vice President shall never continue his/her public office.

1. Death

2. Permanent Incapacity

3. Resignation

4. Impeachment

Temporary Vacancy in the Presidency:

>Vice President shall be the Acting President

- Take note that the Vice President shall be in an “acting” capacity only since the President shall still
resume her/his public office

Temporary Vacancy in the Vice Presidency:

>Senate President as Acting Vice President

- Again take note , that the Senate President shall be the Vice President in an “acting” capacity only
Permanent Vacancy in the Presidency:

>Vice President at Permanent President

- Since the President can no longer resume her/his public office, then the next in line, who is the Vice
President shall succeed the office. The Vice-President then shall become the new President

Permanent Vacancy in the Vice Presidency:

>President shall appoint and approved by Congress

- Since the Vice-President can no longer resume her/his public office, then any person whom the
President shall nominate, upon the approval of Congress, shall become the new Vice President

- Why is it that the Senate President cannot become the new Vice-President?

The Senate President is not the person who is next-in-line after the Vice President. Moreover, by making
the Senate President the new Vice President violates the Principle of Separation of Powers since the
Senate President came from a different branch of government (Legislative)

Temporary Vacancy in both Presidency and Vice Presidency:

Senate President and Speaker of the House as Acting President and Vice President respectively

- Again, we are pertaining to an “acting” capacity for both the President and Vice President since the
latter shall still be resuming their public offices

Permanent Vacancy in both Presidency and Vice Presidency:

>Special Elections

- Since the President and Vice-President elect can never resume their public offices, a special election
shall happen

Vacancy in Congress:

>Special Elections

- The same rationale for that stated above

♥ If the President served the unexpired term of presidency for more than 4 years, s/he CANNOT be re-
elected

This happened during the time of ERAP’s resignation who was succeeded by his Vice- President then,
Gloria Macapagal-Arroyo. Since resignation is a permanent vacancy, GMA became the new President on
the early quarter of 2000. She was so lucky because she became the new President for less than 4 years.
(Since she resumed the term of office of ERAP as the President). Thus, during the 2004 national
elections, GMA again run as the President and she eventually won. Re-election was allowed during this
special condition since GMA only continued being the President for less than 4 years. If GMA became
the President for more than 4 years, then definitely, she is prohibited from being re-elected.

 Powers of the President

1. Power of Control

The President’s power of control is provided for in Section 17, Article VII of the 1987 Philippine
Constitution, which states: “The President shall have control of all the executive departments, bureaus,
and offices.” In the exercise of the power of control, the President may alter, modify, nullify, or set aside
the actions of a department, bureau, or office. Consider the Department of Labor and Employment
(DOLE), which is the executive arm charged with the matters relating to labor and employment in the
private sector. In the performance of its mandate, the DOLE may adopt policies which, in its judgment,
may best serve the interests of the workers. These policies, when elevated to the President, may be
approved in their entirety, modified in part, or rejected in part, totally altered, returned for revision, or
even struck down by the President.
Cabinet Members of the Philippines – Secretaries and Officials 2020:

Retrieved From: https://philpad.com/cabinet-members-of-the-philippines/

Office of The Executive Secretary – Salvador C. Medialdea

Department of Foreign Affairs – Teodoro L. Locsin Jr.

Department of Finance – Carlos G.DominguezIII  Department of Agriculture – Dr.William D. Dar 

Department of Public Works and HighwaysMarkA.Villar Department of Education – Leonor Magtolis

Briones

Department of Labor and Employment – Silvestre H. Bello III  Department of National Defense – Delfin
N. Lorenzana

Department of Social Welfare and Development – Rolando Joselito D. Bautista

 Department of Agrarian Reform – John R. Castriciones

 Department of Interior and Local Government – Eduardo M. Año

 Department of Transportation and Communications – Atty. Arthur P. Tugade

 Department of Science and Technology – Fortunato T. Dela Peña

 Department of Budget and Management – Benjamin E. Diokno

 Department of Energy – Alfonso G. Cusi  Department of Health – Dr. Francisco Duque III 
Department of Trade and Industry – Ramon M. Lopez

 Department of Tourism – Bernadette Romulo Puyat  Department of Environment and Natural

Resources – Roy A. Cimatu

 Department of Information and Communications Technology – Gregorio B. Honasan

 National Economic Development Authority – Ernesto M. Pernia

 Office of the Presidential Spokesperson – Salvador S. Panelo

 Office of the Presidential Adviser on the Peace Process – Carlito G. Galvez Jr.

 Presidential Adviser for the Visayas – Michael Lloyd Diño

 Presidential Management Staff – Usec. Ferdinand B. Cui Jr.

 Presidential Communications Operations Office – Jose Ruperto Martin M. Andanar

 Bureau of Customs – Commissioner Rey Leonardo B. Guerrero

 Bureau of Internal Revenue – Commissioner Caesar R. Dulay

 Bureau of Immigration – Commissioner Jaime H. Morente

 National Intelligence Coordinating Agency – Alex Paul Monteagudo

 National Bureau of Investigation – Attorney Dante Gierran

 Philippine Drug Enforcement Agency- Director General Aaron N. Aquino

 Land Transportation Office – Edgar Galvante

 Land Transportation and Franchising Regulatory Board – Attorney Martin Delgra III  National Disaster
Risk Reduction and Management Council – Ricardo B. Jalad

 Office of the Solicitor General – Jose C. Calida

 Philippine Amusement and Gaming Corp. – Chairman and CEO Andrea D. Domingo
 Philippine National Police – OIC Archie Francisco Gamboa

 Armed Forces of the Philippines – Lieutenant Gen. Felimon T. Santos Jr.  Presidential Security Group –
Col. Jose Eriel Niembra

 National Security Council – Director Gen. Hermogenes Esperon Jr.  Presidential Legal Counsel –
Salvador S. Panelo

 Secretary to the Cabinet – Karlo Alexei Nograles

 CJ’s Thoughts:

2. Power of Appointment

Under Section 16, Article VII of the 1987 Philippine Constitution, the President can appoint the
following:

a. Heads of executive departments (Cabinet secretaries);

b. Ambassadors, other public ministers, or consuls;

c. Officers of the Armed Forces from colonel to naval captain;

d. Other officers whose appointments are vested in the President like the heads of the constitutional
Commissions (COMELEC, CSC, COA); and, e. Other officers whose appointments are not otherwise
provided by law, and those whose appointments are vested by law upon the President. Letter “e” states
then that the President exercises the power to appoint when it is vested by the Constitution, the laws,
and when the appointment is not conferred on any other official. Take note again, that pursuant to the
exercise of the Principle of Checks and Balances, upon appointment by the President (member of the
Executive Branch), it is the duty of Congress (member of the Legislative Branch) to confirm such
appointments. This measure is to ensure that indeed, whoever is appointed by the President, there is a
guarantee that such appointee possesses the necessary qualifications for the position.

3. Ordinance Power

The Ordinance Power of the President includes the issuance of Executive Orders, Administrative Orders,
Proclamations, Memorandum Orders, Memorandum Circulars, and General or Special Orders. In a
general sense, the ordinance power is used to issue rules governing the operations of government,
orders directing the performance of certain acts, and proclamations like the fixing of special holidays or
declaring something of public interest.

4. Military Power

The military’s traditional role is to protect the sovereignty and territorial integrity of the country.
In any event, the Constitution limits the function of the Armed Forces of the Philippines to protecting
the people and the State, and maintains the authority of the President over the military as its
commander-in-chief, as Section 3, Article II and Section 18, Article VII show: “Civilian authority is, at all
times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and
the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.”
Moreover, Section 18, Article VII of the same Charter also states: “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.”

Section 3 lays down the principle and stat policy of civilian supremacy over the military. Section
18 is the specific provision that gives meaning to it and makes the President the commander-in-chief of
all armed forces of the Philippines. As the Commander-in-Chief, the President possesses the authority to
direct military operations and to determine military strategy. In the exercise of his power, the President
may:
1) call out the armed forces to prevent or suppress lawless violence, invasion, or rebellion;

2) suspend the writ of habeas corpus; and,

3) declare a state of martial law. These powers must be exercised by the President personally. The
president has full discretionary authority to determine the necessity of exercising the “calling out”
power and the courts cannot overrule that determination.

The last power under Section 18 states that the President may exercise is the declaration of
martial law. The Philippines was placed under martial law by President Ferdinand Marcos in 1972 to
quell the alleged unrest in the country. He also used the turmoil to consolidate his powers and eliminate
whatever resistance there was to his control of the government. Since then, martial law has been
associated with dictatorship, the stifling of political opposition, and the suppression of freedom.

In truth, the declaration of martial law, in itself, was not the problem. If it were, the provider
maintains the power of the President to declare martial law should not have found its way to the 1987
Constitution. Section 18 consequently allows the declaration of martial law only for invasion or
rebellion, and only for 60 days, unless Congress allows a longer period.

Take note that in case rebellion or invasion happens in the Philippines, there will definitely be
chaos. Since there is chaos, the President, through the declaration of martial law, can strictly implement
existing laws. This is made possible with the aid of the members of the Armed Forces of the Philippines.
This is simply what Martial Law means.

To prevent what happened during the regime of Marcos, the framers of the Constitution already
included several limitations (pursuant to the Principle of Checks and Balances) to wit:

a. Martial law shall only be for 60 days;

b. The President, after declaring Martial Law, shall submit a notice before

Congress within 48 hours from the declaration;

c. Congress can either revoke or extend the declaration by 2/3 vote; and, d. Supreme Court can decide
its constitutionality.

5. Pardoning Power

Section 19, Article VII of the 1987 Philippine Constitution provides: “Except in cases of
impeachment, the President may grant reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment. He shall also have the power to grant amnesty with the
concurrence of a majority of all Members of Congress.

Pardon is defined as an act of benevolence, proceeding from the power entrusted with the
execution of laws, which exempts the individual, on whom it is granted, from the punishment the law
inflicts for a crime he has committed. Simply put, pardon manifests the forgiveness of the President as
head of state. While pardon saves a person from punishment, commutation merely reduces the penalty
to be imposed. A reprieve, on the other hand, suspends the imposition of the penalty. Lastly, “to remit
fines and forfeitures” means to cancel or free the convict from the payment of fines and imposition of
forfeitures. Amnesty commonly translates to a general pardon for rebels who commit treason or
rebellion, or other political crimes. This is generally forgiveness given to rebels who requested amnesty.
Such a request is seen as an act of regret on the part of the rebel.

6. Borrowing Power

As head of state, the President can borrow money from foreign sources and can guarantee the
payment of foreign loans. The borrowing power of the President must have the prior consent of the
Monetary Board.

7. Budgetary Power
 As the head of the government, the President has the authority to propose the annual budget to
Congress. Ideally, such an annual budget is enacted into law before the calendar year ends. The budget
to be submitted by the President will be the basis of the General Appropriations Bill. Congress, while it
may lower the amount recommended by the President, has no authority to increase it.

8. Diplomatic Power

The President wields diplomatic power and can enter into treaties and other international
agreements with heads of other states. Section 21, Article VII of the 1987 Philippine Constitution,
nevertheless imposes the following requirement: “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 is required to speak before the Congress sitting in a joint session at the opening of
its regular session, and may also appear before it at other times. The obligatory speaking engagement of
the President before Congress is called the State of the Nation Address (SONA). This provision relates to
Section 15, Article VII of the Charter, which provides that Congress “shall convene once every year on
the fourth Monday of July for its regular session.” During the annual SONA, the President reports on the
situation in the country, unveils the government’s agenda for the coming year, and proposes to
Congress certain legislative measures.

10. Right to Receive Salary

The President is the only Filipino receiving the highest salary in the Philippines, with a salary
grade of 33.

PERFORMANCE CHECK No. 2

To be submitted on:

Instructions:

1. To be encoded or handwritten on a short bond paper; portrait style; name shall be written on the
front part of the paper

2. Make a mind map. Follow the format:

- Center: your general idea on the powers of the President (ONE phrase only encompassing your
understanding)

- Next bubbles: The 10 Powers of the President

- Subsequent bubbles: Way/s on how the incumbent President exercised such power

(present one or two ways only)

3. Note: The content on the “subsequent bubbles” must be FACTUAL and NOT hypothetical. Thus, a
reference (APA format) should be provided.
 The Judiciary
In this part of the module, the learners are expected to articulate the following:

Understand the role of the Judiciary in the government; and, Have a working knowledge of how it
performs its duty.

According to the American jurist Oliver Wendell Holmes, JR., “the life of the law has not been logic; it
has been experiencing.”

This oft-quoted statement not only tells us that judges determine the rules to be applied in
resolving legal disputes (cases); but it also states that judges are influenced by the sentiments of the
times, prevailing public policy, and even their own biases.

So why is there a need for the Judiciary, reputed to be the weakest branch of government?
Although a country may be governed by laws, its citizens might often find themselves at odds with each,
or even with their own government. Such conflict is brought by divergent and often clashing interests.
These conflicting interests require resolution; this is provided ideally by a neutral arbiter- the judge or a
panel of justices. If a case is brought before them, then these magistrates are bound to determine the
rights and responsibilities of the parties to the case. In a word, they render justice.

 Judicial Power

The power to resolve legal disputes is vested in the Supreme Court and the lower courts under its
supervision. This is clear from the language of Section 1 of Article VIII of the Philippine Constitution,
which also defines and circumscribes the term “judicial power:” “The Judicial power shall be vested in
one Supreme Court and in such lower courts as may be established by law. Judicial power includes the
duty of the courts of justice to settle actual controversies involving rights that are legally demandable
and enforceable, and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government.”
The highest court of the land is the Supreme Court of the Philippines. It has 15 members called
“Justices.” The highest leader in the Supreme Court is the Chief Justice.

 Due Process

The courts cannot just decide cases without complying with a standard that is necessary for the
administration of justice: due process. This standard is enshrined in Scetion1, Article III of the 1987
Philippine Constitution: “No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.” Due process simply requires that
there be (1) notice and an opportunity to be heard, and (2) a judgment based on the evidence presented
by the parties. The right to due process can only be invoked if a person is being deprived of life, liberty,
or property. Considering that Congress passed a law prohibiting the imposition of the death penalty, due
process concerns have been limited to instances where there is deprivation of liberty or property.
President Duterte has already indicated his desire to restore the death penalty. Its restoration will surely
arouse opposition. There was a time when a trial court judge in Manila refused to impose the death
penalty on an accused although the law justified such a penalty. When the government appealed, the
Supreme Court ruled that the judge acted arbitrarily in refusing to impose the penalty on account of his
religious beliefs.

QUALIFICATIONS OF MEMBERS OF THE SUPREME COURT

1. Natural-born

2. At least 40 years of age

3. Must have been, 15 years or more, a judge or engaged in the practice of law

4. Must be a person of proven competence, integrity, probity, and, independence

The Judicial and Bar Council

Applicants for appointment to the Judiciary have to be screened by the Judicial and Bar Council or the
JBC. The JBC takes steps to verify the applicant’s records and if she or he had met the qualifications laid
down. Afterward, the JBC submits a shortlist to the President. The shortlist contains the names of
nominees the President may choose from

Decentralization and Local Governance

In this part of the module, the learners are expected to articulate the following:

Understand the roles, powers, and structures of local government units; appreciate the dynamics of
local governance and its history from pre-colonization up to the enactment of the Local Government
Code of 1991; and, Examine how decentralization affects governance.

The Concept of Local Government

A local government unit, according to the Supreme Court, is a political subdivision of a state
which is constituted by law and has substantial control of local affairs. As stated in Section 1, Article X,
the local government units are the provinces, cities, municipalities, and barangays.

The territory of the Philippines is divided into the “Central Government,” (which is found in
Metro Manila; its power covers the management of the affairs of the whole state) and the “Local
Government Units or simply, LGUs.” If there are no LGUs, what do you think will happen? Pedro, who
lives in the n northernmost part of Luzon will be having doubts as to whether the government services
may reach him and his family since he lives far away from Metro Manila. Because of this, there are local
government units which are smaller territorial subdivisions of the state. In the case of Pedro, he won’t
need to worry since he lives in the LGU of the Province of Cagayan. Thus, he can still receive government
services through the LGU of the Province of Cagayan.

Furthermore, each LGU has its own government (leaders) who are elected by the registered
residents of each LGU. Each LGU leaders have a term of office of three years and a maximum term of
office of three consecutive terms, or simply, she/he can hold her/his public office for 9 consecutive
years.

Local Executive Local Legislature

Province Governor Vice Governor
Sangguniang Panlungsod
City Mayor Vice Mayor
Sangguniang Panlungsod
Municipality Mayor Vice Mayor
Sangguniang Bayan
Barangay Punong Barangay Sangguniang Pambarangay

From the table, it can be seen that members of the local executive have the power to execute
the national laws (created by Congress) and its own local ordinances (created by the respective
Sangguniang). Moreover, members of the local legislative have the power to make laws- particularly
“ordinances,” which has local applications (can only be applied within its territory)

 Centralization and Decentralization

Section 2, Article X of the National Charter states that: “The territorial and political subdivisions
shall enjoy local autonomy.”

“Local Autonomy” pertains to the degree of self-determination exercised by a local government

unit vis-à-vis the central government. To attain local autonomy, a necessary pre-requisite is
decentralization.

“Decentralization” is the process of transferring of the three fundamental powers of the

government (police power, eminent domain, taxation) by the central government to the local
governments. Through decentralization, local autonomy is made possible.

Furthermore, local autonomy, therefore, pertains to the actual exercise by these local
governments of the powers (police power, eminent domain, taxation) transferred to them. Thus, a
mayor can execute an expropriation (eminent domain) against any resident, or even prohibit any action
(police power). Also, the Sangguniang can create new taxes to be imposed upon its residents (taxation).
It is to be noted however that the exercise of these powers should never exceed the powers of the
Central Government.