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THE EXECUTIVE DEPARTMENT social welfare, national defence, foreign policy,
and the like.
Section 1. The Executive power shall be vested
in the President of the Philippines. They are nominated by the President and then
presented to the Commission on Appointments,
Executive Power – the power to administer the a body of the Congress of the Philippines that
laws, which means carrying them into practical confirms all appointments made by the head of
operation and enforcing due observance. state, for confirmation or rejection. If the
presidential appointees are approved, they are
(What are the qualifications for the President sworn into office, receive the title "Secretary"
and for Vice President?) and begin to function their duties.
Section 2. No person may be elected President Term of Office and Removal
unless he is:
(Are they impeachable officers?)
(1) A natural-born citizen of the Philippines;
(2) A registered voter; 1.) President and Vice-President are fixed at
(3) Able to read and write; only six years.
(4) At least forty (40) years of age on the day of
the election (not proclamation or assumption of (How are they removed from the Office?)
office) for President;
(5) A resident of the Philippines for at least ten 2.) The President and the Vice-President are
(10) years immediately preceding such election. only removed through Impeachment.
(Does the Vice President should have the same (Are they subject for re-election?)
qualifications and term of office as the
President?) Section 4. The President shall not be eligible
for any re-election. No person who has
Section 3. There shall be a Vice-President who succeeded as President and has served as such
shall have the same qualifications and term of for more than four years shall be qualified for
office and be elected with and in the same election to same office at any time.
manner as the President. He may be removed
from the office in the same manner as the No Vice-President shall serve for more than
President. two successive terms. Voluntary renunciation
of the office of any length of time shall not be
The Vice-President may be appointed as a considered as an interruption in the continuity
member of the Cabinet. Such appointment of the service for the full term for which he
requires no confirmation. was elected.
The Cabinet of the Philippines (Gabinete) (When may the Vice-President act as
consists of the heads of the largest part of the President?)
executive branch of the national government of
the Philippines. Section 7. The Vice-President shall act as
President:
The Cabinet secretaries are tasked to advise the
President on the different affairs of the state (1) If the President fails to qualify;
like agriculture, budget, finance, education, (2) If the President shall not have been chosen;
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(3) In case of temporary inability or incapacity revoked by the elected President within 90
of the President to discharge his powers and days from his assumption or reassumption of
duties. his office.
(When may the Vice-President becomes POWERS OF THE PRESIDENT
President?)
1. Executive Power
(1) If at the beginning of the term of the
President, the President-elect shall have died 2. Power of Appointment
or shall have become permanently disabled. (Section 16. The President shall
nominate and, with the consent of the
(2) After assumption of office, in case of death, Commission on Appointment, appoint the
permanently disability, removal from the heads of the executive departments,
office, or resignation of the President, in which ambassadors, other public ministers and
case the Vice-President shall serve the consuls, or officers of the armed forces form
unexpired term. the rank of colonel or naval captain and other
officers whose appointments are vested in
PRESIDENTIAL PROHIBITIONS him.)
Section 13. The President, the Vice-President, 3. Powers of Removal
the Members of the Cabinet, and their
deputies or assistants shall not, unless (a) from his power to appoint which carries with
otherwise provided in this Constitution, hold it the power to remove.
any other office or employment during their (b) from the nature of the “executive power”
tenure. They shall not, during said tenure, (c) from the President’s duty to execute the
directly or indirectly practice any other laws
profession, participate in any business, or he (d) from the President’s control of all
financially interested in any contract with, or in departments, bureaus and offices
any franchise, or special privilege granted by (e) from the provision that “no officer or
the Government or any subdivision, agency, or employee in the Civil Service shall be removed
instrumental· it thereof, including government or suspended except for cause provided by the
owned or controlled corporations or their law”
subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office. 4. Power of Control
(Section 17. The President shall have
PRESIDENTIAL IMMUNITY the power to control of all the executive
department, bureaus and offices. He shall
The President during his tenure of office or ensure that the laws be faithfully executed.)
actual incumbency may not be sued in any civil
of criminal case. 5. Military Powers
(Section 18. The President shall be the
POWERS OF THE VICE-PRESIDENT Commander-in-Chief of all armed forces of the
Philippines and whenever becomes necessary,
(Are they absolute or subject to any condition or he may call out such armed force to prevent or
control from the other branch?) supress lawless violence, invasion and
rebellion.)
Section 14. Appointments extended by an
Acting President shall remain effective, unless (a) Powers to meet emergency situation:
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Limitations of Pardoning Power
- to call out the armed forces to prevent or
supress lawless violence (1) May not be exercised for offenses in
- to suspend the privilege of the writ of habeas impeachment cases.
corpus (2) May be exercised only after conviction by
- to declare martial law final judgment.
(3) In case of violation of election law or rules
(b) Commander-in-Chief of all armed forces and regulations, no pardon, no parole, or
suspension of sentence may be granted without
- has the control of the military organizations the recommendation of the COMELEC.
and personnel
7. Borrowing Power
Limitations of Military Power (Section 20. The President may
contract or guarantee foreign loans on behalf
- There must be a invasion or rebellion of the Republic of the Philippines with the
- The public safety must require the suspension prior concurrence of the Monetary Board, and
- Not more than 60 days, unless extended by subject to such limitations as may be provided
Congress by law. The Monetary Board shall, within thirty
- President must report to Congress within 48 days from the end of every quarter of the
hours calendar year, submit to the Congress a
complete report of its decision on applications
6. Pardoning Power for loans to be contracted or guaranteed by
(Section 19. Except in cases of the Government or government-owned and
impeachment, or as otherwise provided by the controlled corporations which would have the
Constitution, the President may grant effect of increasing the foreign debt, and
reprieves, commutations, and pardons, and containing other matters as may be provided
remit fines and forfeitures, after conviction of by law.
final judgment.
He shall also have the power to grant 8. Diplomatic Power
amnesty with the concurrence of a majority of (Section 21. No treaty or international
all the Members of the Congress.) agreement shall be valid and effective unless
concurred in by at least two-thirds of all the
Kinds of Pardon Members of the Senate.)
(1) Absolute – refers to the total extinction of 9. Budgetary Power
the criminal liability of the individual to whom it (Section 22. The President shall submit
is granted without any condition. It restores to to the Congress, within thirty days from the
the individual his civil and political rights and opening of every regular session as the basis of
remits the penalty imposed for the particular the general appropriations bill, a budget of
offense of which he was convicted. expenditures and sources of financing,
including receipts from existing and proposed
(2) Conditional – refers to the exemption of an revenue measures.)
individual, within certain limits or conditions,
from the punishment which the law inflicts for 10. Informing Power
the offense he had committed resulting in the (Section 23. The President shall
partial extinction of his criminal liability. address the Congress at the opening of its
regular session. He may also appear before it
at any other time.)
