B

PHILIPPINE ADMINISTRATIVE THOUGHT AND INSTITUTION

Program: BPA 1A Topic: EXECUTIVE BRANCH OF GOVERNMENT

Course: BACHELOR OF PUBLIC ADMINISTRATION Instructor: BARTOLOME P. SAN JUAN
Code BPAM02 Module #: 3 Week #: # of Pages:

I. Preliminaries
Introduction to the This module introduces the students to the Executive Powers of the President and their limitations,
Module Objective the qualifications of candidates for the position of President and Vice President, The rules of
succession, the restraints on Presidential powers and Executive Privilege under EO. 464

Assessment/
Section Topics Learning Outcomes Evaluation Modality
 To gain knowledge of the meaning Discussion
MODULE 3 : THE EXECUTIVE
of Legislative Power Recitation
BRANCH OF GOVERNMENT
Seatworks/
(ARTICLE VII)
 To know the qualifications of Assignments
President and Vice President Quizzes
Section 1: Executive Powers of
the President and their limitations
 To discuss the rules of succession
Section 2: Qualifications of the
President and Vice President  To understand the Executive
Privilege (EOS 464)
Section 3: Rules of Succession

Section 4: Restraints on
Presidential Powers

 Executive Privilege
(EO 464)

II. Instructions
KEYWORDS AND CONCEPTS


MODULE 3
THE EXECUTIVE BRANCH OF GOVERNMENT

SECTION 1

THE EXECUTIVE POWERS OF THE PRESIDENT

The President is the Head of State and government, the center of ceremony, the magnet of loyalty and the symbol of
national unity. As head of government, he is clothed with the vestiges of political power, he enforces the Constitution and its laws.
More so, the President is the Commander – in – Chief of the Armed Forces which extends him the responsibility, upon his round
judgment, of the over-all-protection of its people and their property from unlawful and aggressive threat and danger.

In spite of the distribution of powers in the government, the President is seen to be domineering and an influential head.
The 1987 Constitution established a unitary system. It distributed governmental powers among the Legislative (Act. VI), the
Executive (Act. VII) and the judiciary. It also provided for independent Constitutional Commissions (Act XI) to act on particular areas
of system regulation which are government personnel and the bureaucracy (Commission Civil Service), election matters and issues
(Commission on Election) and government funds, assets and property (Commission on Audit). Article X expressly established the
political subdivisions of the state, the local governments, and the creation of special metropolitan subdivision (Act X, Sec II).
TANAUAN CITY COLLEGE COURSE CODE: BPAM02/MODULE NUMBER: 3 COURSE NAME: BACHELOR IN PUBLIC
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 The basic principle of the government embraced the rule of separation of powers, and yet the system shows an executive
dominance in practice.
Hence, the President is the most influential person in the land, the pivotal leader of the nation. He is after all not only the
head of government but also the head of state.

Aside from the general and administrative power of the President under Sec. land Sec. 17 of Act. VII respectively, the
President also enjoys ceremonial function as symbolic head of State and the center of ceremony. Among the powers of the
president are as follows:

1. Appointing Power
The President shall nominate and with the consent of the Commission on Appointments, appoint the heads of the
executive departments, ambassadors, other public ministers and consuls, on officers of the armed force from the rank of
colonel or naval captain and other officers whose appointments are voted in him by the Constitution. He also appoints all
other officers of the government whose appointments are not otherwise provided for by law and those whom he may be
authorized by law to appoint. The Congress may, by law, not the appointment for other officers lower in rank in the
President alone, in the counts, or in the heads of the departments, agencies, commissions on boards.

2. Control Power
The President has control over all department secretaries and can overrule their decisions. The department secretaries are
his alter egos.

But the president’s acts of control must yield to other constitutional provisions. As an example is that members of the Civil
Service may not be moved without cause.

3. Military Power
The President is the Commander-in-Chief of the AFP. He is not a military officer, but a civil official. He exercises supreme
control of the military operations during the progress of war, not only on the side of strategy and tactics, but also in
reference to the international and political aspects of war.

4. Pardoning Power
Under Section 19, the pardoning power of the President is hereby provided, thus: In case of impeachment, or otherwise
provided in the constitution, the President may grant reprieves and pardon and commit fines and forfeiture 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.

5. Borrowing Power
Act. VII Sec. 20 of the 1987 Constitution or grants to the president the power to enter into contract on guarantee foreign
loans on behalf of the Republic of the Philippines, but with the prior concurrence of the monetary Board of the Bangko
Sentral ng Pilipinas.

6. Diplomatic Power
The President is the chief policy negotiator or implementer of both local and foreign policies. In such capacity, the president
is essentially empowered to deal with foreign states and government; he may enter into treaty negotiation, conclude the
same, extend recognition to foreign states and establish, maintain, or cut diplomatic relations on his sound prerogative

However, no treaty on international agreement shall be valid and effective unless concurred in by at least 2/3 vote of all
members of the Senate

7. Budgetary Power
Article VII Sec. 22 of the Constitution provides that the president shall submit to Congress within 30 days from the opening
of every regular session, as the basis of the general appropriation bill, a budget of expenditures and sources of financing,
including receipts from existing and proposed revenue measures.

The Department of Budget and Management prepares the Budget for a fiscal year upon consultation with all agencies of
the government.

Likewise, The President determines specifically to which governmental agencies or activities these appropriations should be
allotted.

8. Veto Power
The President exercises veto power over bills passed by Congress. Under the law, the President shall communicate his veto
power of any bill to the House where it originated within 30 days after the date of receipt thereof, otherwise it shall
become a law as if he had signed it.

TANAUAN CITY COLLEGE COURSE CODE: BPAM02/MODULE NUMBER: 3 COURSE NAME: BACHELOR IN PUBLIC
ADMINISTRATION
 9. Information Power
The Constitution expresses the right and power of the President to address the Congress of the opening of its regular
session. The President delivers his SONA. He reports to the Congress and the public the present condition of the State.
Proposes legislative agenda to facilitate effectively his programs and actions of government, appeals for passage of contain
and urgent bills and provides general direction for the State and its people. At his own pleasure, the President may at any
time appear before Congress for any reason he chooses.

10. Residual Power

Residual Power refers to the underlying power of the executive department which may not be specifically granted by law,
but the Supreme court is so convinced integral in the stature of Presidential Power that would enable his authority to
ascertain the effective discharge of the President’s administrative and executive functions.

SECTION 2

THE QUALIFICATIONS OF THE PRESIDENT AND VICE PRESIDENT

The qualifications of the President and Vice President are as follows:

1. A natural-born citizen of the Philippines ;
2. A registered voter;
3. Able to read and write;
4. At least 40 years old on the date of the election; and,
5. A resident of the Philippines for at least 10 years immediately preceding the election

The regular elections for the President and Vice President shall be held in the second Monday of May and shall be elected by
direct vote of the people. The President, unlike the Vice President, shall not be eligible for any re-election. No other

The people directly elect both the President and Vice President. The Vice President is elected independently from the
President, unlike in the U.S. where there exists block voting; meaning a vote for the President is a vote for the Vice President. The
elections therein are implemented through district in a manner provided by the elected college. In the country, ours is a system of
popular and direct election of the President and the Vice President.

The canvassing of votes for the President and Vice-President and their proclamation as winners is the main function of
Congress.

The term of office of both the President and Vice President is six years which shall begin at noon on the thirtieth of June next
following the day of election and shall end at noon of the same date six years thereafter.

No Vice President shall serve for more than two successive terms, while the President is not eligible for any re-election.

The 1935 Constitution provided for four-year term with no guarantee for re-election. When 1973 Constitution was revered in
1981, the significant power of both the President and the Prime Minister were given and concentrated to the President. The Prime
Minster became merely a figurative second head of government with no doable or workable function.

SECTION 3

RULES OF SUCCESSION

The rules of presidential succession are established under Article VII, Sec. 7 when vacancies occur before the term of the
President, and in the succeeding section , Sec. 8 provides the order of succession when vacancies occur during his term

A. When the Vice-President becomes an Acting President

1. The Vice- President shall act as President when the President-elect fails to qualify. The Vice-President assumes the
capacity as Acting President, until the President-elect shall have qualified. These circumstances may be brought
about by the unfinished canvass of Presidential election or for any reason the Presidential election has not been
called for.

2. The Vice-President shall act as President when the President-elect shall not have been chosen. The Vice-President
discharges the office in an acting capacity, until the President-elect shall have been chosen and qualified. These
circumstances may be brought about by the unfinished canvass o Presidential election or for any reason the
Presidential election has not been called for.

TANAUAN CITY COLLEGE COURSE CODE: BPAM02/MODULE NUMBER: 3 COURSE NAME: BACHELOR IN PUBLIC
ADMINISTRATION
 3. Whenever the President transmit to the President of Senate and the Speaker of the House his written declaration
of temporary incapacity; the Vice-President discharges the power and duties as acting President. The governing rule
of the incapacity, either temporal or permanent, of the President is found under Section 11, specifically:

a. When the President transmits his written declaration to Congress of the existence of incapacity, the Vice-
President shall discharge the functions of the former in an acting capacity and until the President transmits to
them a written declaration to the contrary.

b. Whenever a majority of all members of the cabinet transmits to the President of the Senate and the to the
Speaker of the House of Representatives their written declaration that the President is unable to discharge the
powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the
Office of the Acting President.

c. But when the President-elect transmits to the President of the Senate and to the Speaker of the House of
Representatives his written declaration that no inability exists, he shall re-assume the powers and duties of his
office.

d. However, whenever the majority of all the Cabinet transmit within five days to the President of the Senate and
the Speaker of the House their written declaration that the President is unable to discharge the powers and
duties of his office, the Congress shall decide the issue and the Congress shall convene, if not in session, within
48 hours thereafter.

e. If the Congress, within 10 days after receipt of the last written declaration, or if not in session, within 12 days
after it is required to assemble, determines by a 2/3 vote of both houses, voting separately, that the President
is unable to discharge the powers and duties of his office. The Vice-President shall act as President; otherwise,
the President shall continue exercising the powers and duties of his office, if required 2/3 vote is not obtained.

Note: In case of serious illness of the President, the public shall be informed of the state of his health. The
members of the Cabinet in charge of National Security and Foreign Relations and the Chief of Staff of the
Armed Forces of the Philippines shall not be denied access to the President during such illness
(Sec. 12).

B. When the Vice-President becomes President (Sec. 7)

1. If at the beginning of the term of the President, the President-elect shall have died, the Vice-President-elect shall
become President.

2. If at the beginning of the term of the President, the President-elect shall have permanently incapacitated, the Vice-
President-elect shall become President.

3. If for any reason during the term of the President, the President-elect shall have resigned or withdrawn, the Vice-
President-elect shall become President; and if for any reason during his term he is removed through impeachment,
President the Vice-President shall become the President.

If any of the above circumstances exist, the Vice-President shall become President to serve the un-expired term of
the President or to serve for the full term, if at the beginning of the term, the office is declared vacant. Meanwhile, Sec. 9 provides:
If for any instance there exists vacancy in the office of the Vice-President during the term for which he was elected, the President shall
nominate a Vice-President from the members of the Senate and the House of Representatives who shall assume office upon
confirmation by a majority vote of all the members of both Houses of Congress, sorting separately.

Where no President and Vice-President (1) shall have been chosen; (2) shall have been qualified; (3) where both shall
have died; (4) where both shall have become permanently disabled, the President of the Senate, or in his inability, the Speaker of
the House shall act as President until a President or Vice-President shall have been elected and qualified. In case of permanent
disability or death of the President of the Senate or the Speaker of the House, the Congress shall provide for the manner in which
one who is to act as President or a Vice-President shall have chosen. Thus, the President of the Senate or, in his inability, the Speaker
of the House, shall act as President when:

TANAUAN CITY COLLEGE COURSE CODE: BPAM02/MODULE NUMBER: 3 COURSE NAME: BACHELOR IN PUBLIC
ADMINISTRATION
SECTION 4

While the President enjoys wide range of both expressed powers and implied powers, like presidential immunity from suit
during his term and residual powers, the President, nonetheless, is also subject to constitutional or political restraints, some of them
are as follows:

a. The inherent complexity of the job whereby the President could hardly cope with all the realities of given or perceived
problems of the State and, criticisms from the losing political parties, the opposition network.

b. There exists constitutional restraint in the legislative department on the prerogative of the President to appoint public
officials, as there is the presence of the Commission on Appointments, which place or extend first the confirmation on the
appointees made by the President.

c. The much talked about discourse on Presidential impeachment on constitutional grounds.

d. There also is a warrant for congressional investigations on acts or matters related to the decision-making powers by the
President, especially when those acts are deemed highly controversial or extremely anomalous.

e. The presence of the monitoring eyes and ears of the public pressure groups and interest groups.

f. There is also judicial review to stand.

g. There also exist pressure groups and the resounding influence from public opinion.

EXECUTIVE PRIVILEGE: E.O.464

The rule of confidentiality based on executive privilege is fundamental to the operation of government. Executive privilege
covers all confidential/classified information between the President and the public officers covered by this executive order.

1. Military, diplomatic, and other national security matters, which, in the interest of national security, should not be
divulged;

2. Information between inter-government agencies prior to the conclusion of treaties and executive agreements;

3. Discussion in close-door cabinet meetings

4. Matters affecting national security and public order

a. Senior officials and executive department

b. Generals and flag officers of AFP

c. PNP officers with ranks of chief superintendent or higher

d. Senior National Security officials

e. such other officers as may be determined by the President.

The appearance of other public officials before the Congress shall secure prior consent of the President prior to appearing
before either House to ensure the observance of the principle of separation of powers, and the adherence to the rule on executive
privilege and respect for the rights of public officials appearing in inquiries in aid of legislation.

The political snob made by some (supposed) resource speakers in Congress between 2005 and 2008 concerning issues of
"Hello Garci," North Rail Transit, Fertilizer Scam, and ZTE broadband issue, among others, invoked Executive Order 464 for their non-
appearance, and intentionally failed to appear in the House supposedly for Question Hour. While Members of the House and Senate
reiterated that the matters to be taken during those supposed investigation will aid the legislative department in their law-making
functions also cited the relevance and materiality of their jurisdiction (power of inquiry) to put into conference officials of
government who may be directly involved in most political and legal issues surrounding the executive department, that 15, to shed
light to the controversies and to legislate measures to bring about solvency on those matters.

TANAUAN CITY COLLEGE COURSE CODE: BPAM02/MODULE NUMBER: 3 COURSE NAME: BACHELOR IN PUBLIC
ADMINISTRATION
III. Viable and vibrant Activities
Description of the Learning Activities
 Lectures/Discussion
 Seat works/ Quizzes
 Recitation
 Assignments
 Case Digestion (Application of concepts)

IV. Opportunity to reflect and articulate students’ acquired knowledge.

Criteria for Evaluation
SELF-INTRODUCTION VIDEO RUBRIC
Criteria 4 3 2 1 score

Purpose of Activity Number 2:

GOAL SETTING RUBRIC
1 - Poor 2 – Below Average 3 - Average 4 - Excellent

Summary and Reflection

V. Textbooks and other References

 Local Government Code (RA7160)

 1987 Philippine Constitution
 Executive Order No. 292 (Administrative Code of 1987)

TANAUAN CITY COLLEGE COURSE CODE: BPAM02/MODULE NUMBER: 3 COURSE NAME: BACHELOR IN PUBLIC
ADMINISTRATION