The Executive Branch •VP-Elect shall ACT as president until a

President shall have been chosen & qualified.

 Charged with the execution and
administration of a country’s laws No President and VP chosen or qualified, or
 In general, the executive branch sets the both have died or become permanently disabled:
direction of national policy •SENATE PRESIDENT in an acting capacity
 It is the power to enforce and administer •In case of inability
the laws (Cooley, Constitutional •SPEAKER OF THE HOUSE in an acting
Limitation, 8th ed., p. 183) capacity
 The executive power is vested in the •Until a president or a VP shall have been
President of the Philippines (Art. VII, chosen and
Sec. 1) qualified.
IN THE EVENT OF INABILITY OF BOTH,
Qualifications who shall ACT as President?
• Natural Born Citizen •CONGRESS SHALL BY LAW PROVIDE
• A Registered Voter FOR THE MANNER
• Able to Read and Write IN WHICH ONE WHO IS TO ACT AS
• At least 40 years of age on the day of election PRESIDENT SHALL BE
• Resident of the Philippines for at least ten SELECTED UNTIL A PRESIDENT OR A VP
years immediately preceding the election. SHALL HAVE
QUALIFIED.
Term of Office
• The President and Vice- President shall be VACANCY DURING THE TERM
elected by the people for six (6) years.(Art. VII, •Death, permanent disability, removal from
Sec 4(1) office, or resignation of the President
• Shall not be eligible for any re-election VP SHALL become President
• No Person who has succeeded as President
xxx for more than 4 years shall be qualified xxx Death, permanent disability, removal from
(Art. VII, Sec 4) office, or resignation of President AND Vice
president:
Election •Senate President – acting capacity
1.) Regular – Second Monday of May, every six •IN CASE OF INABILITY
years •Speaker of the House – acting capacity
2.) Special a.) Death, Disability, Removal from Until a President or VP shall be elected and
office or Resignation qualified.
b.) Vacancies occur more than eighteen months •Congress, by law, shall provide for the manner
before next election which one is to act as
c.) A law passed by congress President in the event of inability of the officials
mentioned above.
SALARIES
TEMPORARY DISABILITY
 President •When the President TRANSMITS to the SP
Shall receive an annual salary of three and the SH
hundred thousand pesos (Php 300,000). •Written Declaration that he is unable to
Vice – President discharge the powers and duties of his office,
Two hundred forty thousand pesos and until he transmits to them a written
declaration to the contrary: such powers and
Vice-President duties shall be discharged by the VP as
ACTING President.
• Qualifications are same with the President. •Majority of ALL the Members of the
• Eligible for the position of member of CABINET TRANSMIT to the SP and SH:
the Cabinet (no need for CA confirmation) •Written Declaration that the P is unable to
• Allowed to serve for two successive terms. discharge the powers and duties of his office
RULES ON SUCCESSION •VP IMMEDIATELY assumes the powers and
Vacancy at the beginning of the term: duties of the Office as ACTING PRESIDENT
•Death or permanent disability of the President- •President transmits Written Declaration that
elect NO inability exists,
•VP-elect shall become President •Reassume the powers of the office of the
•President-elect fails to qualify President
•VP-elect shall ACT as president until the
President-elect shall have qualified.
•President shall not have been chosen:
  Should a majority of the CABINET 7.) Borrowing Power
MEMBERS transmit within 5 days to 8.) Diplomatic Power
the SP and SH 9.) Budgetary Power
 Written declaration that the P is unable 10.) Informing Power
to discharge the powers and duties of his 1. Executive Power
office, CONGRESS SHALL DECIDE • President shall have the control of all
THE ISSUE. executive departments, bureaus, and offices.
 Congress shall convene, if not in session,He shall ensure that laws are faithfull executed
within 48 hours. (Art. VII, Sec.17)
 Within 10 days from receipt of last • Until and unless a law is declared
written declaration or, if not in session, unconstitutional, the President has a duty to
within 12 days after it is required to execute it regardless of his doubts as to its
assemble, Congress determines by a vote validity(Faithful Execution Clause) (Cruz, Phil.
of 2/3 vote of both Houses voting Political Law)
Separately, that the president is unable to
discharge the powers and duties of his 2. Power of Appointment
office, the VP shall act as President, • Selection by the authority vested with the
otherwise, the President shall continue power, of an individual who is to exercise the
exercising the powers and duties of his functions of a given office.
office • Kinds of Presidential Appointment(Sec.15)
• Appointment made by an Acting President
Constitutional Duty of Congress in case of • Midnight Appointment
vacancy in the • Regular Presidential Appointment
offices of the President and the VP: • Ad-Interim Appointment
•At 10AM of the 3rd day after the vacancy
occurs, Congress APPOINTMENT – the act of designation by the
shall convene w/o the need of a call, and within executive officer, board, or body to whom the
7 days, enact power has been delegated, of the individual
a law calling for a special election to elect a who is to exercise the functions of a given
President and VP office.
to be held not earlier than 45 nor later than 60 Kinds of presidential appointments
days from the (required to be submitted to the
time of such call. Commission on Appointments)
NO SPECIAL ELECTION SHALL BE • 1. Regular appointments
CALLED IF THE VACANCY • 2. Ad interim appointments
OCCURS WITHIN 18 MONTHS BEFORE 3. Power of Removal
THE DATE OF THE • General Rule: This power is implied
NEXT PRESIDENTIAL ELECTION. from the power to appoint(Cruz)
Removal of the President: Impeachment. • Exception – Those appointed by him
Sec. 2&3, Art. XI where the Constitution prescribes
certain methods for separation from
Prohibitions and Inhibitions public service.
1. No increase in salaries during the term. Power of Control
2. Shall not receive emoluments • Control – The power of an officer to alter,
3. Shall not hold any other office. modify, nuillify, or set aside what a subordinate
4. Shall not, directly or indirectly, practice any officer had done in the performance of his duties
other profession, business, or be financially and to substitute the judgement of the former for
interested in any other contract with franchises that of the latter.
of the government. • Supervision – Overseeing or the power or
5. Avoid conflict of interest in the conduct of authority of an officer to see that subordinate
their office officers perform their duties. If the latter fail or
6. May not appoint spouse or relatives by neglect to fulfill them, then the former may take
consanguinity or affinity within 4th civil degree such action or steps as prescribed by law to
(ART. VII, SECTIONS 6, 13) make them perform these duties.
4. Military Powers
POWERS OF THE PRESIDENT 1.) Commander-in-Chief clause
1.) Executive Power • To call out the Armed Forces to prevent or
2.) Power of Appointment suppress lawless violence, invasion or
3.) Power of Removal rebellion(whenever it becomes neccessary);
4.) Power of Control • Vested directly by the Constitution
5.) Military Powers • Authority to declare a state of rebellion
6.) Pardoning Power
• Military Tribunals are simply instrumentalities concurrence of the Monetary Board, subject to
of the executive power provided by the such limitations as may be provided by law.
legislature for the Commander-in-Chief to aid • The Monetary board shall submit to the
him in enforcing discipline in the armed forces. Congress report on loans within 30 days from
the end of every quarter.
5. Pardoning Power 7. Diplomatic Power(sec.21)
The pardoning power extends to all offenses, • No treaty or international agreement shall be
including criminal contempt (disrespect to or valid and effective unless concurred in by at
disobedience to a court which amounts to a least 2/3 of all the
crime). It does not give the President the Members of the Senate
power to exempt, except from punishment, • The power to ratify is vested in the President,
anyone from the law. subject to the concurrence of the Senate.
Pardon- Act of grace which exempts Other foreign affairs powers:
individual from punishment which the a.) power to make treaties
law inflicts. b.) the power to appoint ambassadors, public
ministers, and consuls
5. Pardoning Power(Sec.19) c.) power to receive ambassadors and other
Amnesty – A general pardon to rebels public ministers
for their treason or political offence; d.) Deportation Power
it so overlooks and obliterates the 8. Budgetary Power
offnse with which he is charged. • Within 30 days from the opening of every
Person released by amnest stands regular session, President shall submit to
before the law precisely as though he Congress a budget or expenditures and
had committed no offense. sources of financing, including receipts from
existing and proposed revenue measure.
Reprieve- postponement of the execution of a • Congress may not increase the appropriation
death sentence to a certain date. recommended by the President for the
• Commutation- reduction of the sentence operation of the Government as specified in
imposed to a lesser punishment, as from death the budget.
to life imprisonment. It may be granted without 9. Informing Power
the acceptance and even against the will of the • The President shall address
convict. Congress at the opening of its regular session.
• Pardon- act of grace proceeding from the He may also appear before it at any other
power time.
entrusted with the execution of the laws which • The information may be needed
exempts the individual on whom it is bestowed, for the basis of legislation(Cruz)
from the punishment law inflicts for a crime he • The President usally discharges the informing
has committed. power through what is known as the State of the
Other forms of Executive Clemency: Nation Address
Other Powers
Parole – release from imprisonment, but without a.) Call to Congress to a special session
full restoration of liberty(in custody of law b.) Approve or veto bills
although not in confinement c.) Deport Aliens
• Remission of fines and forfeiture – Prevents d.) Consent to deputization of government
the collection of fines and confiscation of personnel by COMELEC and discipline them
forfeited property; cannot affect rights of third e.) Exercise emergency(war, law, limited,
party and money already in the treasury. necessary) and Tariff powers
f.) Power to classify or reclassify lands
Limitations upon pardoning power
• 1. It may not be exercised for offenses in
impeachment cases
• 2. It may be exercised only after conviction by
final judgement
• 3. It may not be exercised over civil contempt
• 4. In case of violation of election law or rules
and regulations, no pardon, parole, or
suspension of sentence may be granted without
the recommendation of the Commission on
Elections.
6. Borrowing Power(Sec. 20)
• The President may contract or guarantee
foreign loans on behalf of the Republic with the