ARTICLE VII - EXECUTIVE DEPARTMENT

The Philippine government takes place in an organized framework of a presidential, representative, and
democratic republic whereby the president is both the head of state and the head of government. This
system revolves around three separate and sovereign yet interdependent branches: the legislative
branch (the law-making body), the executive branch (the law-enforcing body), and the judicial branch
(the law-interpreting body). Executive power is exercised by the government under the leadership of the
president. Legislative power is vested in both the government and the two-chamber congress—the
Senate (the upper chamber) and the House of Representatives (the lower chamber). Judicial power is
vested in the courts with the Supreme Court of the Philippines as the highest judicial body.

The executive branch carries out and enforces laws. It includes the President, Vice President, the
Cabinet, executive departments, independent agencies, boards, commissions, and committees.

The President leads the country. He or she is the head of state, leader of the national government, and
Commander-in-Chief of all armed forces of the Philippines. The President serves a six-year term and
cannot be re-elected.

The Vice President supports the President. If the President is unable to serve, the Vice President
becomes President. He or she also serves a six-year term.

Cabinet members serve as advisors to the President. They include the Vice President and the heads of
executive departments. Cabinet members are nominated by the President and must be confirmed by
the Commission of Appointments.

Speaker: Article VII, Section 1, of the 1987 Constitution vests executive power on the President of the
Philippines. The President is the Head of State and Head of Government, and functions as the
commander-in-chief of the Armed Forces of the Philippines. As chief executive, the President exercises
control over all the executive departments, bureaus, and offices.

Speaker: Now, let's talk about the President of the Philipines. The President of the Philippines is elected
by direct vote by the people for a term of six years. He may only serve for one term, and is ineligible for
reelection. The term of the President of the Philippines starts at noon of the 30th day of June after the
election.

(Vectors showing qualifications of running for president, muexplain rako ani on monday)

Speaker: Question, is everyone legible to run as the president? My friend could comeone day and tell
me that he'd run as a president. Is that possible?

Friend: Can I?

Speaker: I'm sorry but the answer is no, because running for president has serious and strict
qualifications. The President of the Philippines is elected by direct vote by the people for a term of six
years. He may only serve for one term, and is ineligible for reelection. The term of the President of the
Philippines starts at noon of the 30th day of June after the election.

Speaker: According to the constitution, an individual may become President provided he meets the
following criteria:

 He/She should be a natural born Filipino (check)

  He/She should be a registered voter (check)
 He/She must be able to read and write (check)
 He/She must be 40 years of age at the day of the election (check), and
 He/She must have resided in the Philippines ten years before the election is held (check).

Speaker: After knowing these, are you qualified to run as a president?

Friend: Oh no, I am still 25 years old. I'm afraid I'd have to wait though.

Speaker: Oh so you really want to run as one? Remember being a president is really serious. All the
duties and responsibilities, dude are you sure you can deal with it?

Friend: Don't underestimate me, I love my country and I'll do anything to improve it.

Speaker: Whoah, what a spirit! You'll have so much power.

Friend: Yes and I assure you I won't abuse it.

Speaker: Speaking of power, do you know the powers of the president?

Friend: Uh, no?

Speaker: Oh, man. Guess I'll have you discuss this with you. So, 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.

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:

 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
secretary—an 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.

Speaker: Wow, right? Isn't how amazing the President is.

Question: If the president dies? Does he have an heir or something?

Speaker: Actually, there is! 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:

 Vice President — in cases of the death, disability, or resignation of the President

 Senate President — in cases of the death, disability, or resignation of the President and Vice
President
 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 doesn’t include the Chief Justice of the Supreme Court in the
President’s 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.

Speaker: Let's now proceed to the Vice President.

Speaker: 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 a regular election is held.

Question: Does the vice president have the same qualifications as the president?

Speaker: The answer is, yes! 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.

 natural born Filipino

 a registered voter
 must be able to read and write
 40 years of age at the day of the election; and
 must have resided in the Philippines ten years before the election is held.

Speaker: Now let's talk about the duties of the vice president.

Speaker: 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.

Speaker: 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.