III. EXECUTIVE DEPARTMENT Flashcards
III. EXECUTIVE DEPARTMENT
A. President and Vice President
1. Term, Qualifications, and Election – 1987 CONST., art. VII, secs. 2-4
Summary of Sections 2, 3, and 4: Terms, Qualifications, and Election of the President and Vice President
Qualifications:
President & Vice President:
Natural-born Filipino citizen
Registered voter
Able to read and write
At least 40 years old on election day
Resident of Philippines for at least 10 years before election
No immediate re-election for President: After serving a full 6-year term, the President cannot be re-elected.
Limited terms for Vice President: Cannot serve more than 2 consecutive terms.
Term:
Both President and Vice President serve a 6-year term starting on June 30th following the election.
Election:
Direct vote: Both are elected by the people directly.
Regular election: Held every second Monday of May.
Joint Congressional canvassing: Congress verifies and counts the votes.
Winner: Person with the most votes wins, with a tiebreaker vote by Congress if needed.
Supreme Court as final judge: Any disputes about the election are settled by the Supreme Court.
Memorization Tips:
“40, 10, read, write, born Pinoy”: Remember the key qualifications.
“6 years, no immediate re-election for President”: Recall the term limits.
“May, Congress counts, Court decides”: Summarize the election process and dispute resolution.
III. EXECUTIVE DEPARTMENT
A. President and Vice President
- Privileges, Inhibitions, and Disqualifications – 1987 CONST., art. VII,
secs. 6 and 13
Summary of Sections 6 & 13: Privileges, Inhibitions, and Disqualifications of the President and Vice President
Privileges:
Official residence: The President gets a government-provided residence.
Salary: Both President and Vice President receive a fixed salary set by law, which cannot be lowered during their term. Any increase in salary only applies to future terms.
No other income: They cannot receive any additional income from the government or other sources during their term.
Inhibitions and Disqualifications:
No other job: They cannot hold any other office or employment while in office.
No other business: They cannot engage in any other profession, business activities, or have financial interests in government contracts, franchises, or special privileges.
Avoiding conflict of interest: Their actions must be free from any potential conflicts of interest.
Family restrictions: Spouses and close relatives (up to 4th degree) are barred from certain government positions during the President’s term, including Constitutional Commissions, Ombudsman’s office, and key government agency positions.
Memorization Tips:
“Residence, salary, no extra money”: Remember the basic privileges.
“One job, no business, avoid conflict”: Recall the key restrictions on their activities.
“Family limits for key positions”: Note the limitations on family appointments.
III. EXECUTIVE DEPARTMENT
B. Executive and Administrative Powers (1987 CONST., art. VII, secs. 1 and 17)
Summary of Sections 1 & 17: Executive and Administrative Powers of the President
Key Point: These sections emphasize that the President holds the highest executive authority in the Philippines.
Breakdown:
Section 1: Explicitly states that the executive power rests with the President. This power allows the President to manage and oversee the day-to-day operations of the government.
Section 17: Expands on this by highlighting the President’s control over all executive departments, bureaus, and offices.
This means the President has the authority to:
Issue orders and directives: Ensure laws are implemented effectively.
Appoint officials: Choose individuals to lead various departments and agencies.
Supervise government activities: Monitor and ensure proper functioning of different branches under the executive power.
Memorization Tips:
“President leads the executive show”: Remember the President’s ultimate authority.
“Departments, bureaus, orders flow”: Think of the President managing and directing all executive entities.
“Laws faithfully executed”: Emphasize the President’s responsibility to ensure laws are carried out correctly.
Additional Notes:
The President’s power is not absolute and is subject to checks and balances from other branches of government, such as the legislature and the judiciary.
The Constitution and other laws may limit or define the specific extent of the President’s executive and administrative powers.
III. EXECUTIVE DEPARTMENT
C. Power of Appointment (1987 CONST., art. VII, secs. 13, 15 and 16)
1. Regular and Ad Interim
Summary of Sections 13, 15, 16: Regular and Interim Appointments by the President
Regular Appointments:
Restrictions: President, Vice President, Cabinet members, and their close relatives cannot hold other offices, practice professions, run businesses, or have financial interests in government contracts/franchises during their term (Section 13). This aims to prevent conflicts of interest and ensure impartiality in decision-making.
Commission on Appointments (CA): The President nominates key officials like department heads, ambassadors, and military officers, but their appointments require approval by the CA, ensuring legislative oversight (Section 16).
Other appointments: The President appoints various other government officials based on legal provisions and may delegate appointment power to lower levels in some cases (Section 16).
Interim Appointments:
Pre-election limitations: Two months before an election, the President (or Acting President) is restricted from making most appointments, except temporary ones for critical positions where vacancies would harm public service or safety (Section 15). This aims to prevent last-minute appointments that could be politically motivated or unfair to future administrations.
Recess appointments: During congressional recess, the President can make temporary appointments that become effective until the CA disapproves them or Congress adjourns (Section 16). This allows for essential positions to be filled even when Congress is not in session.
Illustration:
Regular Appointment: The President nominates a qualified individual for the Department of Education Secretary position. The CA reviews the nominee’s qualifications and holds public hearings. If approved by a majority vote, the nominee becomes the official Secretary.
Interim Appointment: During the summer recess, a key position in the Department of Health becomes vacant. The President appoints a qualified individual on a temporary basis to ensure uninterrupted healthcare services. This appointment lasts until Congress reconvenes and the CA either confirms or rejects it.
Memorization Tips:
Regular appointments: “President nominates, CA approves, avoid conflicts.”
Pre-election limits: “Two months before elections, no major appointments (except emergencies).”
Recess appointments: “President fills gaps during recess, but temporary until CA or Congress acts.”
III. EXECUTIVE DEPARTMENT
C. Power of Appointment (1987 CONST., art. VII, secs. 13, 15 and 16)
- With or without COA Confirmation
Appointments: With and Without Commission on Appointments (CA) Confirmation
The Philippines has a system where some presidential appointments require confirmation from the Commission on Appointments (CA), while others do not. Here’s a breakdown of the key points:
Appointments Requiring CA Confirmation (Section 16):
Who:
Heads of executive departments (e.g., Secretaries)
Ambassadors and other diplomats
Military officers (colonel or naval captain and above)
Other officials as specified in the Constitution
Process:
President nominates: The President chooses qualified individuals for the positions.
CA review: The CA, composed of Senators and Representatives, reviews the nominees’ qualifications through public hearings and committee deliberations.
Vote: The CA votes by majority to confirm or reject the nominees. A confirmed nominee becomes the official.
Examples: Appointment of the Secretary of Education, Ambassador to the United States, Chief of Staff of the Armed Forces.
Appointments Not Requiring CA Confirmation:
Who:
Lower-ranking government officials (based on specific laws)
Officials appointed by courts or agency heads
Others as authorized by law
Process:
President directly appoints: The President chooses and appoints individuals based on legal provisions and qualifications.
No CA review: There’s no confirmation process by the CA.
Examples: Appointment of department directors, agency heads, lower-level military officers (e.g., lieutenants).
Additional Notes:
Section 13: Prohibits the President, Vice President, Cabinet members, and their close relatives from holding other offices or having business interests during their term to avoid conflicts of interest.
Section 15: Limits the President’s power to make appointments (except temporary ones) two months before an election to prevent last-minute political appointments.
Recess appointments: The President can make temporary appointments during congressional recess, but they require CA confirmation later (Section 16).
Illustration:
With CA Confirmation: The President nominates a new Secretary of Foreign Affairs. The CA holds hearings, interviews the nominee, and ultimately confirms the appointment. The chosen individual becomes the official Secretary.
Without CA Confirmation: The President appoints a qualified lawyer as the Director of a new government agency based on a specific law authorizing the appointment. No CA confirmation is needed.
Memorization Tips:
CA confirms “big fish”: Remember key positions like Secretaries and Ambassadors need CA approval.
Lower ranks, no CA hassle: Think of lower-level appointments happening directly by the President.
Pre-election limits and recess rules: Be aware of restrictions on appointments before elections and during congressional recess.
III. EXECUTIVE DEPARTMENT
C. Power of Appointment (1987 CONST., art. VII, secs. 13, 15 and 16)
- Midnight Appointments
Understanding “Midnight Appointments” in the Philippines
The term “midnight appointment” refers to appointments made by an outgoing President close to the end of their term, often seen as controversial due to potential motives and lack of accountability. Here’s a breakdown of relevant sections in the Philippine Constitution:
Restrictions on Appointments (Section 15):
Two months before elections: The President is prohibited from making most appointments (excluding temporary ones for critical positions) during this period. This aims to prevent last-minute political appointments that could benefit the outgoing administration or disadvantage the incoming one.
Commission on Appointments (CA) Confirmation (Section 16):
Applicability: This section outlines appointments requiring CA confirmation, including key positions like department heads, ambassadors, and high-ranking military officers. These appointments are subject to public scrutiny and legislative oversight, making them less susceptible to manipulation.
Anti-Midnight Appointment Measures:
Constitutional limitations: The two-month restriction (Section 15) and CA confirmation requirement (Section 16) create hurdles for extensive “midnight appointments.”
Legal challenges: Courts can review and potentially nullify appointments deemed improper or violating relevant laws and principles.
Public scrutiny: Media and civil society organizations play a role in monitoring and criticizing questionable appointments.
Illustration:
Scenario: In their last month in office, a President makes numerous appointments to key positions without clear justification and bypassing the CA confirmation process. These appointments might be labeled “midnight appointments” and face legal challenges based on the two-month restriction and lack of transparency.
Memorization Tips:
Two months before elections, appointments are limited.
CA confirmation adds a layer of scrutiny for key positions.
Constitutional and legal safeguards exist to prevent abuses.
III. EXECUTIVE DEPARTMENT
C. Power of Appointment (1987 CONST., art. VII, secs. 13, 15 and 16)
- Removal from Office
Removal from Office: How Sections 13, 15, and 16 Relate
These sections don’t directly address removal from office, but they do set standards of conduct and procedures that indirectly influence how officials might be removed. Here’s how:
Section 13:
Conflict of Interest: This section aims to prevent officials from using their positions for personal gain. If an official violates this, it could lead to impeachment or other removal processes based on betrayal of public trust.
Section 15:
Pre-Election Appointments: This restriction aims to prevent the outgoing administration from strategically placing allies in key positions before leaving office. If an official abuses this power, it could be seen as undermining the incoming administration and potentially be grounds for removal.
Section 16:
Appointment Process: This section establishes that some appointments require approval by the Commission on Appointments (CA). If an official is found to have used this process improperly (e.g., bribery, nepotism), it could lead to questioning their fitness for office and potentially removal proceedings.
Indirect Impact on Removal:
These sections don’t offer direct removal mechanisms, but they establish standards of ethical conduct and limitations on appointment power. Violations of these provisions can potentially trigger investigations, public pressure, and legal challenges, ultimately leading to removal proceedings through impeachment, resignation, or other legal means.
Illustration:
Scenario: A President makes numerous questionable appointments during their last months in office, including relatives to key positions and individuals with potential conflicts of interest. Public outcry and legal challenges ensue, raising questions about the legitimacy of these appointments and potentially leading to investigations and removal proceedings.
Memorization Tips:
Section 13: No conflicts of interest to avoid abuse of power.
Section 15: Limited pre-election appointments to prevent unfair advantage.
Section 16: Proper appointment process ensures accountability.
Violations can trigger investigations and potentially lead to removal.
III. EXECUTIVE DEPARTMENT
D. Power of Control and Supervision (1987 CONST., art. VII, sec. 17)
1. Executive Departments and Offices; Doctrine of Qualified Political
Agency
Summary of Section 17: Executive Power and the Doctrine of Qualified Political Agency
Key Rule: This section grants the President ULTIMATE CONTROL over all executive departments, bureaus, and offices. This control comes with the responsibility to ensure laws are faithfully executed.
Understanding the Doctrine of Qualified Political Agency:
Within this rule lies the Doctrine of Qualified Political Agency, which states that:
Cabinet members and department heads are extensions of the President: They act on his behalf and carry out his directives in managing their respective departments.
Presidential orders and decisions are binding on these agencies: The President sets the overall direction and policies for the executive branch.
President can delegate tasks and hold officials accountable: He can assign specific duties and hold cabinet members responsible for their performance and adherence to his directions.
Memorization Tips:
“President leads, departments follow”: Remember the President’s ultimate authority over executive agencies.
“Qualified agents”: Think of cabinet members and department heads acting on the President’s behalf.
“Laws faithfully executed”: Emphasize the President’s responsibility to ensure laws are implemented effectively.
Important Note:
This is a simplified summary for educational purposes.
The President’s power is not absolute and is subject to checks and balances from other branches of government, such as the legislature and the judiciary.
Specific laws and regulations may further define the scope and limitations of the President’s control over different executive departments and offices.
Further Exploration:
For a deeper understanding, you can explore the Philippine Constitution’s other sections related to:
Section 1: Vesting of executive power in the President.
Section 13: Limitations on conflict of interest for officials.
Section 15: Restrictions on pre-election appointments.
Section 16: Presidential appointment powers and Commission on Appointments (CA) oversight.
III. EXECUTIVE DEPARTMENT
D. Power of Control and Supervision (1987 CONST., art. VII, sec. 17)
- Local Government Units – 1987 CONST., art. X, sec. 4
President Has “General Supervision,” Not Total Control, Over Local Governments
Key Point: Section 4 doesn’t grant the President absolute control over local government units (LGUs). Instead, it establishes a system of “general supervision”:
President oversees LGUs: The President monitors the actions of provinces, cities, municipalities, and barangays to ensure they stay within their legal limits and fulfill their responsibilities.
Limited Intervention: The President cannot directly dictate or control local decisions but can intervene if an LGU:
Acts beyond its authority: Exceeds its legal powers or violates the Constitution.
Neglects its duties: Fails to deliver basic services or fulfill its obligations.
Hierarchical Supervision: There’s a chain of command:
President supervises provinces.
Provinces oversee component cities and municipalities.
Cities/municipalities supervise barangays.
Memorization Tips:
“President watches, doesn’t rule”: Remember, supervision is not control.
“Stay within legal limits”: LGUs must follow the law and fulfill their duties.
“Intervention for serious issues”: Only when LGUs overstep or neglect responsibilities.
“Follow the chain of command”: Provinces, cities, and barangays answer to their superiors.
Disclaimer: This is a simplified summary for educational purposes. For complete and accurate information, refer to the full text of the Philippine Constitution and consult legal professionals.
Further Exploration:
Local Government Code: Defines specific powers and functions of different LGU types.
Department of Interior and Local Government (DILG): Assists LGUs and enforces supervision by the President.
Judicial Review: Courts can review LGU actions and rule on their legality.
III. EXECUTIVE DEPARTMENT
E. Military Powers (1987 CONST., art. VII, sec. 18)
President’s Military Powers: Key Points from Section 18
Commander-in-Chief: The President leads all armed forces.
Responding to Threats: The President can deploy troops to:
Prevent or suppress: Lawless violence, invasion, or rebellion.
Martial Law and Habeas Corpus:
Conditions: In case of invasion or rebellion endangering public safety, the President can:
Declare martial law for up to 60 days, restricting certain rights.
Suspend the privilege of habeas corpus, making it harder to challenge detention.
Reporting and Oversight:
President must inform Congress within 48 hours.
Congress can revoke or extend martial law by majority vote.
Supreme Court can review the factual basis for martial law/habeas corpus suspension.
Limitations:
Martial law doesn’t:
Suspend the Constitution.
Replace civilian courts or legislature.
Give military courts power over civilians where civilian courts function.
Habeas corpus suspension applies only to:
People charged with rebellion or related offenses.
Detained individuals must be charged within 3 days or released.
Memorization Tips:
President leads the armed forces, deploys them against threats.
Martial law and habeas corpus suspension are limited tools for extreme situations.
Congress and courts have oversight to prevent abuse.
III. EXECUTIVE DEPARTMENT
F. Pardoning Power and Executive Clemency (1987 CONST., art. VII, sec. 19)
President’s Pardoning Power and Executive Clemency (Section 19)
This section grants the President significant power to show mercy and reduce or eliminate punishment. Here’s a breakdown:
Pardoning Power:
The President can:
Grant reprieves: Delaying the execution of a sentence.
Grant commutations: Reducing a sentence, but not completely wiping it out.
Grant pardons: Completely absolving someone convicted of a crime and restoring their rights.
Remit fines and forfeitures: Reducing or eliminating financial penalties.
Limitations:
Applies only after a final conviction.
Exceptions: Specific situations outlined elsewhere in the Constitution, like impeachment.
Amnesty:
The President, with the approval of Congress, can grant amnesty, which generally applies to a group of people for specific offenses, often related to political situations.
Illustration:
Scenario: A person is convicted of a crime and sentenced to prison. The President, believing they deserve leniency, could:
Commute the sentence: Reduce the prison time but not erase the conviction.
Grant a pardon: Completely remove the conviction and restore their rights.
Memorization Tips:
President can show mercy after conviction, but not before.
Pardons and commutations are for individuals, amnesty for groups.
Congress acts as a check on the President’s amnesty power.
Additional Notes:
The President’s decisions regarding pardons and clemency are subject to legal challenges based on fairness, due process, and adherence to the Constitution.
Public opinion and political considerations often influence the President’s use of these powers.
III. EXECUTIVE DEPARTMENT
G. Diplomatic Power (1987 CONST., art. VII, secs. 16 and 21)
President’s Diplomatic Powers: Key Points from Sections 16 and 21
These sections highlight two key aspects of the President’s diplomatic power:
- Appointment Power and Foreign Relations:
Section 16: The President appoints key officials involved in foreign relations, including:
Heads of executive departments: (e.g., Foreign Affairs Secretary)
Ambassadors and diplomats: Representing the Philippines abroad
Military officers: Involved in international cooperation and security
Collaboration: Appointments require approval by the Commission on Appointments (CA), ensuring legislative oversight and accountability. - Treaty-Making Power:
Section 21: The President negotiates international treaties and agreements, but they require Senate concurrence (2/3 vote) to become valid.
Shared Power: This ensures national interests are considered and prevents unilateral actions by the President.
Illustration:
The President negotiates a trade agreement with another country.
They appoint an ambassador to represent the Philippines in that country.
Both the ambassador’s appointment and the trade agreement require approval by the CA and Senate, respectively.
Memorization Tips:
President chooses key foreign relations officials but needs CA approval.
Treaties require Senate consent to reflect national interests.
Both sections emphasize collaboration for effective diplomacy.
Additional Notes:
The President also has the power to:
Declare war when authorized by Congress.
Conduct foreign policy negotiations and engagements.
Receive foreign dignitaries and ambassadors.
These powers are balanced by:
Congressional oversight of treaties and military actions.
Judicial review of international agreements.
Public discourse and scrutiny of foreign policy decisions.
III. EXECUTIVE DEPARTMENT
H. Power relative to Appropriation Measures (1987 CONST., art. VI, secs. 25(5) and 27(2); art. VII, sec. 20)
Understanding Executive Powers Related to Appropriations (Sections 5, 20, 25)
These sections define the Executive’s powers regarding government spending and borrowing, highlighting both limitations and flexibilities:
Limitations on Transferring Funds (Section 25, Clause 5):
Rule: Generally, transferring funds between different budget items within the government’s annual spending plan (general appropriations law) is prohibited.
Rationale: Ensures funds stay allocated to their intended purposes and promotes transparency.
Exception: Heads of branches (President, etc.) can increase specific items within their own offices using savings from other items within their own budgets.
Veto Power Over Appropriations (Section 22, Clause 2):
Rule: The President has the power to reject specific parts of an appropriation, revenue, or tariff bill while approving the rest.
Purpose: Allows the President to object to specific spending provisions without blocking the entire bill.
Example: The President may veto an excessive budget item for a particular project while approving the overall budget of a department.
Contracting Foreign Loans (Section 20):
Rule: The President, with the approval of the Monetary Board, can borrow money from foreign sources on behalf of the Philippines.
Limitations:
Subject to legal restrictions set by Congress.
Requires prior concurrence from the Monetary Board, which ensures financial stability and responsible borrowing.
Transparency: The Monetary Board regularly reports on government borrowing to the Congress.
Illustration:
The Congress passes a budget bill with an inflated allocation for a specific project.
The President, concerned about fiscal responsibility, uses their veto power to reject that specific item while approving the rest of the budget.
To fund a crucial infrastructure project, the President seeks a foreign loan with the approval of the Monetary Board, ensuring transparency and responsible borrowing.
Memorization Tips:
“No budget hopping”: Funds generally stay within allocated items.
“Presidential veto”: Reject specific spending items in bills.
“Foreign loans with approval”: Borrow responsibly with oversight.
Additional Notes:
The Department of Budget and Management (DBM) plays a key role in managing appropriations and implementing the budget.
Congress exercises oversight through budget hearings and legislative inquiries.
The Commission on Audit (COA) audits government spending to ensure compliance with laws and regulations.
III. EXECUTIVE DEPARTMENT
I. Veto Power (1987 CONST., art. VI, sec. 27)
Understanding the President’s Veto Power (Section 27)
This section outlines the President’s power to reject legislation passed by Congress, giving them a crucial role in shaping laws. Here’s a breakdown:
Vetoing Entire Bills (Clause 1):
Process:
If the President disapproves a bill, they return it to Congress with their objections.
Congress reconsiders the bill with the objections.
If two-thirds of both houses vote to override the veto, the bill becomes law despite the President’s disapproval.
Time limit: The President has 30 days to veto a bill after receiving it; otherwise, it becomes law automatically.
Vetoing Specific Items in Bills (Clause 2):
Applicability: This applies to appropriation, revenue, or tariff bills that deal with government spending and taxes.
Process: The President can reject specific parts of these bills while approving the rest.
No override: Unlike vetoing entire bills, Congress cannot override a veto on specific items.
Memorization Tips:
“Two-thirds override”: A high bar exists to overcome a presidential veto on entire bills.
“Item-by-item veto”: For specific spending/tax bills, the President has more flexibility to reject parts.
“Use it wisely”: The veto power is a significant tool, but its use can have political consequences.
Additional Notes:
The veto power is a check and balance between the legislature and the executive, ensuring no branch has absolute lawmaking authority.
The President’s veto message often explains their reasoning and aims to influence public opinion or garner support for an override in Congress.
Judicial review can still occur even after a bill becomes law, as courts can declare it unconstitutional.
III. EXECUTIVE DEPARTMENT
J. Residual Power (E.O. No. 292, Book III, Title I, Chapter 7, sec. 20)
President’s “Catch-All” Power: Residual Powers Explained (Section 20)
This section grants the President additional, unlisted powers, known as “residual powers,” under certain conditions. Here’s the key takeaway:
The President can exercise other powers and functions:
Not already listed in the Constitution.
Prescribed by existing laws.
Not specifically delegated to other branches.
Remember:
This power is limited. Congress can restrict it through laws.
It aims to address unforeseen situations or areas where the Constitution doesn’t explicitly assign powers.
It’s important to balance this power with checks and balances from other branches.
Memorization Tip:
Think of a toolbox: The President has a set of tools (listed powers) and a “catch-all” drawer for additional tools (residual powers) authorized by law, unless limited by Congress.
