Article VIIExecutive Department

Executive Power

It is the legal and political functions of the President involving the exercise of discretion. It is vested in the President of the Philippines. It is the power to enforce and administer laws.

Executive PowerThe executive power shall be vested in the President of the

Philippines. (Section 1, Article VII) In National Electrification Administration vs. CA, G.R. No. 143481, February 15, 2002, the President is vested with the power to execute, administer, and carry out laws into practical operation. Executive power, then, is the power of carrying out the laws into practical operation and enforcing their due observance.

The President may not veto a law enacted thirty-five (35) years before his or her term of office. Neither may the President set aside or reverse a final and executory judgment of the Supreme Court through the exercise of veto power. (Bengzon vs. Drilon, 208 SCRA 133, April 15, 1992)

President Vice President

QUALIFICATIONS

1. Natural-born citizen;2. Registered voter;

3. Able to read and write;4. At least 40 years of age on the day of election; and

5. Resident of the Philippines for at least 10 years immediately preceding the election.

TERM OF OFFICE

Six (6) years

President Vice President

DISQUALIFICATIONS1. Not eligible for any re-

election;2. No person who has succeeded

as President and has served as such for more than 4 years shall be qualified for election to the same office at any time (Sec. 4, Art. VII);

DISQUALIFICATIONS1. Shall not serve for more than

two (2) consecutive terms (Sec. 4, Art. VII)

GENERAL DISQUALIFICATIONS

a. One who has been declared incompetent or insane by competentauthority;b. One who has been sentenced by final judgment for:

vi. Subversion;vii. Insurrection;viii. Rebellion;ix. Any offense for which he has been sentenced to a penalty of not

more than 18 months; or x. A crime involving moral turpitude, unless given plenary pardon

or granted amnesty (Section 12, BP 881—Omnibus Election Code)

President Vice President

PRIVILEGES1. Official residence;2. Salary is determined by law

andnot to be decreased during histenure (Section 6, Article VII);3. Immunity from suit for official

acts.

PRIVILEGES1. Salary shall not be

decreased during his tenure;

2. No need for Commission on Appointment confirmation for Cabinet post (Section 3, Article VII)

INHIBITIONS AND PROHIBITIONS1. Shall not receive any other emolument from the government or any other source(Section 6, Article VII);2. Shall not hold any other office or employment unless otherwise provided in the Constitution;3. Shall not practice any other profession;4. Shall not participate in any business;5. Shall not be financially interested in any contract with, or in any franchise, orspecial privilege granted by the Government, including GOCCs;6. Shall avoid conflict of interest in conduct of office;7. Shall avoid nepotism. (Section 13, Article VII)

President Vice President

CANVASSING BOARD

Congress (Senate and House of Representatives); in case of tie, Congress bymajority vote shall select.

ELECTORAL TRIBUNAL

Supreme Court (en banc)

REMOVAL

Impeachment only

Election(Section 4, Article VII) Unless otherwise provided by law, the regular

election for President and Vice-President shall be held on the second Monday of May.

Even after Congress has adjourned its regular session, it may continue to perform this constitutional duty of canvassing the presidential and vice-presidential election results without need of any call for special session by the President. The joint public session of both Houses of Congress convened by express directive of Section 4, Article VII of the Constitution to canvass the votes for and proclaim the newly-elected President and Vice-President has not, and cannot, adjourn sine die until it has accomplished its constitutionally mandated tasks. For only when a board of canvassers has completed its functions it is rendered functus officio. (Pimentel, Jr. vs. Joint Committee of Congress to Canvass the votes cast for President and VP, G.R. No. 163783, June 22, 2004)

ElectionThere is no constitutional or statutory basis for COMELEC to

undertake a separate and an “unofficial” tabulation of results, whether manually or electronically. By conducting such “unofficial” tabulation, the COMELEC descends to the level of a private organization, spending public funds for the purpose. This not only violates the exclusive prerogative of NAMFREL to conduct an “unofficial” count, but also taints the integrity of the envelopes containing the election returns and the election returns themselves. Thus, if the COMELEC is proscribed from conducting an official canvass of the votes cast for the President and VP, the COMELEC is, with more reason, prohibited from making an “unofficial” canvass of said votes. (Brillantes vs. COMELEC, G.R. No. 163193, June 15, 2004)

Immunity from Suit

After his tenure, the President cannot invoke immunity from suit for civil damages arising out of acts done by him while he was President which were not performed in the exercise of his official duties. (Estrada vs. Desierto, G.R. Nos. 146710-15, March 2001)

Rules on Successiona. Vacancy at the beginning of the term

i. Death or permanent disability of the President-elect: VP-elect shall become President

ii. President-elect fails to qualify: VP-elect shall act as President until the President-elect shall have qualified

iii. President shall not have been chosen: VP-elect shall act as President until a President shall have been chosen and qualified.

iv. No President and VP chosen nor shall have qualified, or both shall died or become permanently disabled: The President of the Senate, or in case of his disability, the Speaker of the House of Representatives, shall act as President until a President or a VP shall have been chosen and qualified. In the event of inability of the officials mentioned, Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or VP shall have qualified.

At 10 o’clock in the morning of the 3rd day after the vacancy occurs, Congress shall convene without need of a call, and within 7 days enact a law calling for a special election to elect a President and a VP to be held not earlier than 45 nor later than 60 days from the time of such call. The bill shall be deemed

certified and shall become a law upon its approval on 3rd reading by Congress. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within 18 months before the date of the next presidential election.

Rules on Successionb. Vacancy during the term

i. Death, permanent disability, removal from office, or resignation of the President: VP shall become the President

Estrada vs. Arroyo, G.R. No. 146738, March 2, 2001, the SC declared that the resignation of President Estrada could not be doubted as confirmed by his leaving Malacañan Palace. In the press release containing his final statement,

1. He acknowledged the oath-taking of the respondent as President;2. He emphasized he was leaving the Palace for the sake of peace and in order to

begin the healing process (he did not say that he was leaving due to any kind of disability and that he was going to reassume the Presidency as soon as the disability disappears);

3. He expressed his gratitude to the people for the opportunity to serve them as President (without doubt referring to the past opportunity);

4. He assured that he will not shirk from any future challenge that may come in the same service of the country;

5. He called on his supporters to join him in promotion of a constructive national spirit of reconciliation and solidarity.

The Court declared that the elements of a valid resignation are:1. Intent to resign;2. Act of relinquishment.

Both were present when President Estrada left the Palace.

Rules on Succession

Intent to resign—must be accompanied by act of relinquishment—act or omission before, during and after January 20, 2001.

Totality of prior contemporaneous posterior facts and circumstantial evidence— bearing material relevant issues—President Estrada is deemed to have resigned— constructive resignation

Resignation—may be written, oral, express, or implied, for as long as it is clear it must be given legal effect.

Rules on Succession

Vacancy in the office of the VP:Whenever there is vacancy in the Office of

the VP during the term for which he was elected, the President shall nominate a VP from among the Members of the Senate and the HOR who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately. (Section 9, Article VII)

Powers of the President1. Executive power (Section 1, Article VII)2. Appointing power (Section 16, Article VII)3. Control power (Section 17, Article VII)

> Section 4, Article X—Power of general supervision over local governments4. Calling-out power, power to place the Philippines under martial law and power to

suspend the privilege of the writ of habeas corpus (Section 18, Article VII)5. Pardoning power, reprieves, commutations, amnesty, remit fines and forfeitures

(Section 19, Article VII)6. Borrowing power (Section 20, Article VII)7. Diplomatic/Treaty-making power (Section 21, Article VII)8. Budgetary power (Section 22, Article VII)9. Informing power—State of the Nation Address (Section 23, Article VII)10.Veto power (Article VI)11. Power of general supervision over local governments (Section 4, Article X)12.Power to call special session (Section 15, Article VI)13.Unstated Residual Power—not found in the Constitution14.Power to Reorganize the Office of the President (Administrative Code)15.Power of Impoundment

Appointing Power

•Carries with it the Removal Power.•Appointment is the selection, by the

authority vested with the power, of an individual who is to exercise the functions of a given office.

•Designation simply means imposition of additional duties on a person already in the public service.

Appointing PowerBinamira vs. Garrucho, 188 SCRA 154, when a person is

merely designated and not appointed, the implication is that he shall hold office in a temporary capacity and may be replaced at will of the appointing authority. In this sense, a designation is considered only an acting or temporary appointment which does not confer security of tenure on the person named.

Appointing power is executive in nature. It is vested in the President. The power carries with it the power to remove except in some cases like Justices of the Supreme Court, the President appoints them but he cannot remove them. They can only be removed through impeachment.

Officers to be appointed by the President that require the confirmation of Commission on Appointments: (the list is exclusive)

1. Heads of the executive departmentExcept: Vice-President—may be appointed as a

Member of the Cabinet. Such appointment requires no confirmation. (Section 3, Article VII)

2. Ambassadors, other public ministers and consuls3. Officers of the armed forces from the rank of colonel or

naval captain4. Other officers whose appointments are vested in him in

the ConstitutionExample: JBC, Constitutional Commissions

5. All other officers of the government whose appointments are not otherwise provided by law

6. Those whom he may be authorized by law to appoint.

Appointing Power (Confirmation by CA)Sarmiento vs. Mison, 156 SCRA 549, not all appointments made

by the President need CA confirmation. Only those enumerated in paragraph 1 of Section 16, Article VII need confirmation of the Commission on Appointments. The appointment of Salvador Mison as Commissioner of Customs needs no confirmation by the CA, because the Commissioner of Customs is not among the officers mentioned in the 1st paragraph of Section 16, Article VII.

Officers of the armed forces from the rank of colonel or naval captain—refers to military officers alone

PNP is now under the DILG (civilian in character, national in scope)—no longer part of the AFP, therefore, no need for CA confirmation

Appointing Power (Confirmation by CA)Soriano vs. Lista, G.R. No. 153881,

March 24, 2003, the Philippine Coast Guard (PCG) is no longer part of the Philippine Navy or the AFP but is not under the DOTC, a civilian agency, the promotion and appointment of respondent officers of the PCG will not require confirmation by the CA.

Appointing Power (Confirmation by CA)Calderon vs. Carale, 208 SCRA 254, Article 215 of the Labor Code as

amended by RA 6715, insofar as it requires the confirmation by the CA of the appointment of the NLRC Chairman and commissioners, is unconstitutional because it violates Section 16 of Article VII. The Congress, when they enacted the law, added to the exclusive list another category of officers to be appointed by the President that need the confirmation of the CA.

Manalo vs. Sistoza, 312 SCRA 239—a law was enacted creating the PNP, RA 6795. It provides that the Director, Deputy Director General, and other top officials of the PNP shall be confirmed by the Commission on Appointments. The SC declared it as unconstitutional.

In the above two cases, Congress cannot add/remove anything from the list of officers to be appointed by the President that require confirmation of the CA. The list is exclusive. The Congress cannot add or remove anything by a mere legislative act.

Officials subject to the Appointment of the President:A. With the confirmation by the Commission on Appointments—1. Heads of the executive department2. Ambassadors, other public ministers and consuls3. Officers of the armed forces from the rank of colonel or naval captain4. Other officers whose appointments are vested in him in the Constitution

B. Prior recommendation or nomination by the Judicial and Bar Council (JBC)—

1. Members of the Supreme Court and all lower courts2. Ombudsman and hid 5 Deputies

C. Appointment of VP as Member of the Cabinet

D. Appointment solely by the President—1. Those vested by the Constitution on the President alone2. Those whose appointments are not otherwise provided for by law3. Those who may be authorized by law to appoint;4. Those other officers lower in rank whose appointment is vested by law in the

President alone

Appointing Procedure1. Nomination by the President;2. Confirmation by the Commission on Appointments;3. Issuance of commission; and4. Acceptance by appointee.

>Deemed complete upon acceptance. Pending such acceptance, which is optional to the appointee, the appointment may still be validly withdrawn. Appointment to a public office cannot be forced upon citizen except for purposes of defense of the State under Section 4, Article II of the Constitution, as an exception to the rule against involuntary servitude.

Classification of Appointments1. Permanent—those extended to persons possessing the

requisite eligibility and are thus protected by the constitutional guarantee of security of tenure.

2. Temporary—those given to persons without such eligibility, revocable at will and without necessity of just cause or a valid investigation, made on the understanding that the appointing power has not yet decided on a permanent appointee and that the temporary appointee may be replaced at any time a permanent choice is made.

> Temporary appointment and Designation are not subject to confirmation by the Commission on Appointments. Such confirmation, if given erroneously, will not make the incumbent permanent appointee. (Valencia vs. Peralta, 8 SCRA 692)

Classification of Appointments3. Regular—Appointment by the President when Congress is in session. It takes effect only after

confirmation by the CA, and once approved, continues until the end of the term of the appointee.

4. Ad Interim—( 2 n d paragraph of Section 16, Article VII)—Appointment by the President when Congress is not in session. It takes effect immediately but ceases to be valid if disapproved by the CA or upon the next adjournment of Congress. It is deemed by-passed through inaction. It is intended to prevent interruptions in vital government services that would otherwise result from the prolonged vacancies in government offices.

It is a permanent appointment because it takes effect immediately and can no longer be withdrawn by the President once the appointee has qualified into office. The fact that it is subject to confirmation by the Commission on Appointments does not alter its permanent character. The Constitution itself makes an ad interim appointment permanent in character by making it effective until disapproved by the CA or until the next adjournment of Congress.

a. Recess—one made while the Congress is not in session, before confirmation by the Commission on Appointment; immediately effective; and ceases to be valid if disapproved or bypassed by CA upon the next adjournment of Congress;

b. Midnight—made by the President before his term expires, whether or not it is confirmed by the CA

Ad Interim AppointmentsAd interim appointment disapproved by the Commission on

Appointments—can no longer be extended a new appointment. The disapproval is a final decision of the Commission on Appointments in the exercise of its checking power on the appointing power of the President. The disapproval is a decision on the merits, being a refusal by the CA to give its consent after deliberating on the qualifications of the appointee. Since the Constitution does not provide for any appeal from such decision, the disapproval is final and binding on the appointee as well as on the appointing power. In this instance, the President can no longer renew the appointment not because of the constitutional prohibition on appointment, but because of a final decision by the CA to withhold its consent to the appointment.

Ad Interim AppointmentsIn the case of Matibag vs. Benipayo, 380 SCRA 49, ad interim means

“in the meantime” or “for the time being”. An ad interim appointment means a permanent appointment made by the President in the meantime that Congress is in recess. It does not mean a temporary appointment that can be withdrawn or revoked at any time. An ad interim appointee who has qualified and assumed office becomes at that moment a government employee and therefore part of the civil service. He enjoys the constitutional protection that he cannot be suspended or removed except for causes provided by law. The withdrawal or revocation of an ad interim appointment is possible only if it is communicated to the appointee before the moment he qualifies, and any withdrawal or revocation thereafter is tantamount to removal from office. Once an appointee has qualified, he acquires a legal right to the office which is protected not only by statute but also by the Constitution. He can only be removed for cause, after notice and hearing, consistent with the requirements of due process.

Ad Interim Regular

• Takes effect immediately• Appointee assumes office

immediately and later on the appointment should be confirmed by the CA

• Made while Congress is not in session

• Does not take effect immediately

• Appointee assumes office only after confirmation by the CA

• Made when Congress is in session

The distinction lies in the effectivity of the appointment

Ad interim appointee by-passed by the CA is no longer subject to reappointment. He is deemed to have vacated the office.

Ad Interim (Case of First Impression)2nd issue in the case of Matibag vs. Benipayo—whether ad interim appointees by-passed by

Commission on Appointments may be subject to re-appointment? The SC held that an ad interim appointment that is by-passed by the Commission on Appointments because of lack of time or failure of the latter to organize is another matter. A by-passed appointment is one that has not been finally acted upon on the merits by the CA at the close of the session of Congress. There is no final decision by the Commission on Appointments to give or withhold its consent to the appointment as required by the Constitution. Absent such decision, the President is free to renew the ad interim appointment of a bypassed appointee. This is recognized in Section 17 of the Rules of the Commission on Appointments. Hence, under the Rules, a by-passed appointment can be considered again if the President renews the appointment.

The ad interim appointments and subsequent renewals of appointments of Benipayo, Borra and Tuason do not violate the prohibition on reappointments because there were no previous appointments that were confirmed by the Commission on Appointments. A reappointment presupposes a previous confirmed appointment. The same ad interim appointments and renewal of appointments will also not breach the 7-year term limit because all the appointments and renewals of appointments of Benipayo, Borra and Tuason are for a fixed term expiring on February 2, 2008. Any delay in their confirmation will not extend the expiry date of their terms of office. Consequently, there is no danger whatsoever that the renewal of the ad interim appointments of these three respondents will result in any of the evils intended to be exorcised by the twin prohibition of the Constitution. The continuing renewal of the ad interim appointment of these three respondents for so long as their term of office expires on February 2, 2008 does not violate the prohibition on reappointments in Section 1 (2), Article IX-C of the Constitution.

Four (4) Situations where Section 1 (2), Article IX-C will apply:Section 1 (2), Article IX-C of the Constitution provides: The Chairman and

the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Member for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

1. Where an ad interim appointee to the COMELEC, after confirmation by the CA, serves his full 7-year term. Such person cannot be reappointed to the COMELEC, whether as a member or as a chairman, because he will then be actually serving more than 7 years.

2. Where the appointee, after confirmation, serves a part of his term and then resigns before his 7-year term of office ends. Such person cannot be reappointed. Whether as a member or as a chairman, to a vacancy arising from retirement because a reappointment will result in the appointee also serving more than seven years.

Four (4) Situations where Section 1 (2), Article IX-C will apply:3. Where the appointee is confirmed to serve the unexpired term of

someone who died or resigned, and the appointee completes the unexpired term. Such person cannot be reappointed, whether as member or chair, to a vacancy arising from retirement because a reappointment will result in the appointee also serving more than seven years.

4. Where the appointee has previously served a term less than seven years, and a vacancy arises from death or resignation. Even if it will not result in his serving more than 7 years, a reappointment of such person to serve an unexpired term is also prohibited because his situation will be similar to those appointed under the second sentence of Section 1 (2), Article IX-C of the Constitution. This provision refers to the 1st appointees under the Constitution, whose terms of office are less than 7 years, but are barred from ever being reappointed under any situation.

Ad Interim AppointmentAppointment in an Acting Capacity

• Made if congress is not in session

• Requires confirmation of CA

• Permanent in nature• Appointee enjoys security

of tenure

• Made any time there is vacancy, i.e., whether Congress is in session or not

• Does not require confirmation of CA

• Temporary in nature• The appointee does not

enjoy security of tenure

Limitations of Appointing Power1. Prohibition against nepotism—(Section 13, par. 2, Article VII) The spouse and relatives by

consanguinity or affinity within the 4th civil degree of the President shall not during his tenure be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

2. Appointments extended by an Acting President shall remain effective unless revoked by the elected President within 90 days from his assumption of office. (section 14, Article VII)

3. The presidential power of appointment may also be limited by Congress through its power to prescribe qualifications for public office.

4. The judiciary may annul an appointment made by the President if the appointee is not qualified or has not been validly confirmed by the Commission on Appointments.

5. Section 15, Article VII—2 types of appointment: Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.

In Re: Hon. Mateo Valenzuela and Hon. Placido Vallarta, 298 SCRA 409Section 15, Article VII is directed against two (2) types of

appointment:

1. Those made for buying votes—those appointments made within 2 months preceding the Presidential election and are similar to those which are declared election offenses in the Omnibus Election Code;

2. Those made for partisan considerations—consist of the so-called midnight appointments and those presumed made for the purpose of influencing the outcome of the presidential election.

a. If made within the 2-month election period=election offenseb. If made by an outgoing President before his term of office

ends, it is MIDNIGHT appointment.

Exception: temporary appointment to executive positions

Power of Removal

General Rule: This power is implied from the power to appoint.

Exceptions: Those appointed by him where the Constitution prescribes certain methods for separation from public services.

Example: Members of the Constitutional Commissions, Justices of the SC—may only be removed through impeachment

Power of RemovalMembers of the career service of the Civil Service

who are appointed by the President may be directly disciplined provided that the same is for cause and in accordance with the procedure prescribed by law.

Members of the Cabinet and such officers whose continuity in office depends upon the pleasure of the President may be replaced at any time, but legally speaking, their separation is effected not by removal but by expiration of their term. (Aparri vs. Court of Appeals, 127 SCRA 231)

Power of ControlSec. 17, Article VII: The President shall have control

of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed.

Faithful Execution ClauseAs Chief Executive, the President holds the steering

wheel that controls the course of her government—she lays down policies in the execution of her plans and programs, and whatever policy, she chooses, she has her subordinates to implement them. (Chavez vs. Romulo, G.R. No. 157036, June 9, 2004)

Power of ControlControl—is the power to alter or modify or nullify

or set aside what a subordinate had done in the performance of his duties and to substitute the judgment of the former for that of the latter.

Supervision—means overseeing, or the power or authority of an officer to see that subordinate officers perform their duties, and if the latter fail or neglect to fulfill them, then the former may take such action or steps as prescribed by law to make them perform these duties.

Doctrine of Qualified Political Agency or the Alter Ego DoctrineActs of the Secretaries of executive

departments when performed and promulgated in the regular course of business or unless disapproved or reprobated by the Chief Executive, are presumptively the acts of the Chief executive

Doctrine of Qualified Political Agency or the Alter Ego DoctrineIn the case of DENR vs. DENR Region XII Employees, G.R. No. 149724,

August 19, 2003, the power of the President to reorganize the National Government may validly be delegated to his Cabinet members exercising control over a particular executive department. Accordingly, in this case, the DENR Secretary can validly reorganize the DENR by ordering the transfer of the DENR Regional Offices from Cotabato City Koronadal, South Cotabato. The exercise of this authority by the DENR Secretary, as an alter ego of the President, is presumed to be the act of the President because the latter had not expressly repudiated the same.

However, in the case of Gloria vs. Court of Appeals, G.R. No. 119903, August 15, 2000, the SC held that even if the DECS Secretary is an alter ego of the President, he cannot invoke the President’s immunity from suit in a case filed against him, inasmuch as the questioned acts are not those of the President.

The power of control may be exercised by the President only over the acts not over the actor (Angangco vs. Castillo, 9 SCRA 619)

POWER OF GENERAL SUPERVISION OVER LOCAL GOVERNMENTS (Section 4, Article X)The President can only interfere in the affairs and activities of a LGU

if he finds that the latter acted contrary to law. The President or any of his alter egos, cannot interfere in local affairs as long as the concerned LGU acts within the parameters of the law and the Constitution. Any directive, therefore, by the President or any of his alter egos seeking to alter the wisdom of a law-conforming judgment on local affairs of a LGU is a patent nullity, because it violates the principle of local autonomy, as well as the doctrine of separation of powers of the executive and the legislative departments in governing municipal corporations. (Judge Dadole vs. COA, G.R. No. 125350,

December 3, 2002)

The President exercises general supervision, not control, over local governments. The power is generally to see to it that the LGUs perform their powers and functions in accordance with law.

Military PowersSection 18, Article VII:

1. The Commander-in-Chief Clause—> To call out the Armed forces to prevent

or suppress lawless violence, invasion or rebellion.

> Organize courts martial for the discipline of the armed forces and create military commissions for the punishment of war criminals.

Military PowersGudani vs. Senga, G.R. No. 170165, August 15,

2006 (Tinga), the ability of the President to require a military official to secure prior consent before appearing before Congress pertains to a wholly different and independent specie of presidential authority—the commander-in-chief powers of the President. By tradition and jurisprudence, the commander-in-chief powers of the President are not encumbered by the same degree of restriction as that which may attach to executive privilege or executive control.

Military Powers2. Suspension of the privilege of the writ of habeas corpus—Grounds: invasion or rebellion, when public safety requires it.Duration: not to exceed 60 days, following which it shall be lifted unless

extended by CongressDuty of the President: To report action to Congress within 48 hours,

personally or in writing

The Congress may revoke or extend, on request of the President, the effectivity of proclamation by a majority vote of all its Members, voting jointly.

The suspension applies only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three (3) days, otherwise he shall be released.

Military Powers3. Proclamation of Martial Law—Constitutional safeguards on the exercise of the power of the President to proclaim martial law

a. There must be actual invasion or rebellion;

b. The duration of the proclamation shall not exceed 60 days;

c. Within 48 hours, the President shall report his action to Congress. If Congress is not in session, it must convene within 24 hours;

d. Congress may, by majority vote of all its members voting jointly, revoke the proclamation, and the President cannot set aside the revocation;

e. By the same vote and in the same manner, upon initiative of the President, Congress may extend the proclamation if the invasion or rebellion continues and public safety requires it;

f. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within 30 days from its filing;

g. It does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the confinement of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

Military Powers – Proclamation of Martial LawOlaguer doctrine—aka OPEN COURT DOCTRINE—

civilians cannot be tried by military courts if the civil courts are open and functioning (Olaguer vs. Military Commission No. 34, G.R. No. L-54448, May 22, 1987)

4 ways for the proclamation or suspension to be lifted:

1. Lifting by the President himself;2. Revocation by Congress;3. Nullification by the SC;4. Operation of law after 60 days.

Pardoning PowerExercise by the President: Discretionary; may not be controlled

by the legislature or reversed by the courts unless there is violation of the Constitution.

Section 19, Article VII is simply the source of power of the President to grant reprieves, commutations, and pardons and remit fines and forfeitures after conviction by final judgment. This provision, however, cannot be interpreted as denying the power of courts to control the enforcement of their decisions after the finality. In truth, an accused that has been convicted by final judgment still possesses collateral rights and these rights can be claimed in the appropriate courts. For instance, a death convict who becomes insane after his final conviction cannot be executed while in the state of insanity. (See Article 79 of the Revised Penal Code)

Pardoning PowerArticle 81 of the Revised Penal code, as amended, which

provides that the death sentence shall be carried out without prejudice to the exercise by the President of his executive clemency powers at all times. For instance, the President cannot grant reprieve, i.e., postpone the execution of a sentence to a day certain in the absence of a precise date to reckon with. The exercise of such clemency power, at this time, might even work to the prejudice of the convict and defeat the purpose of the Constitution, and the applicable statute as when the date of execution set by the President would be earlier than that designated by court. (Echegaray vs. Secretary of Justice, 301 SCRA 96)

Pardoning Power1. Pardon—an act of grace which exempts the individual on whom it is bestowed from

punishment which the law inflicts for a crime he has committed.a. Plenary or partialb. Absolute or conditional

Conditional pardon—is in the nature of a contract between the sovereign power or the Chief Executive and the convicted criminal to the effect that the former will release the latter subject to the condition that if he does not comply with the terms of the pardon, he will be recommitted to prison to serve the unexpired portion of the sentence or an additional one.

2. Commutation—reduction or mitigation of penalty

3. Reprieve—postponement of sentence or stay of execution

4. Parole—release from imprisonment, but without full restoration of liberty, as parolee is in custody of the law although not in confinement

5. Amnesty—act of grace, concurred in by the Legislature, usually extended to groups of persons who committed political offenses, which puts into oblivion the offense itself.

Pardoning Power: Limitations

a. Cannot be granted in cases of impeachment;b. Cannot be granted in violations of election

laws without favorable recommendations of the COMELEC;

c. Can be granted only after conviction by final judgment (except amnesty);

d. Cannot be granted in cases of legislative contempt or civil contempt;

e. Cannot absolve convict of civil liability;f. Cannot restore public offices forfeited.

Pardoning Power: Amnesty vs. Pardon

In Llamas vs. Orbos, pardon is available also to one found guilty of administrative offense.

Section 19 of Article VII did not distinguish between a criminal and administrative offense.

Pardoning Power: Effect of Grant of PardonIn the case of Monsanto vs. Factoran, the

accused was convicted of malversation thru falsification of official documents. She was granted absolute pardon. She demanded for reinstatement and back salaries. The SC held that pardon may mean forgiveness but not forgetfulness. What was remitted is the penalty and not the fact of one’s guilt. In the eyes of law, she was still a convict.

Pardoning Power: Exceptions

1. Unless the grant expressly so provides for her reinstatement and payment of back salaries.

2. If the grant of pardon was based on the fact of the innocence of the one charged of the crime.

Borrowing PowerThe President may contract or guarantee foreign

loans on behalf of the Republic with the concurrence of the Monetary Board, subject to such limitations as may be provided by law. The Monetary Board shall submit to the Congress report on loans within 30 days from end of every quarter.

Limitations:1. There must be prior concurrence of the Monetary

Board2. It is subject to such other limitations

Diplomatic / Treaty-Making PowerNo treaty or international agreement shall be valid and effective unless

concurred in by at least 2/3 of all the members of the Senate.

In our jurisdiction, the power to ratify is vested in the President and not, as commonly believed, in the legislature. The role of the Senate is limited only to giving or withholding its consent, or concurrence, to the ratification. (Bayan vs. Zamora, G.R. No. 138570, October 10, 2000)

This provision lays down the general rule on treaties or international agreements and applies to any form of treaty with a wide variety of subject matter. All treaties or international agreements entered into by the Philippines, regardless of subject matter, coverage, or particular designation or appellation, requires the concurrence of the Senate to be valid and effective.

But see Section 25 of Article XVIII. Under this provision, the concurrence of the Senate is only one of the requisites to render compliance with the constitutional requirements and to consider the agreement binding on the Philippines.

Budgetary PowerWithin 30 days from opening of every regular

session, President shall submit to Congress a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

The Congress may not increase the appropriation recommended by the President. However, its form, content, manner of preparation of the budget shall be prescribed by Congress.

Informing Power

•State of the Nation Address (Section 23)•The President shall address Congress at

the opening of its regular session (4th Monday of July). He may also appear before it at any other time.

Residual Power

Whatever is not judicial, whatever is not legislative, is residual power exercised by the President.

Other Powers1. Power to call special session (Section 15, Article VI)2. Power to deport aliens3. Consent to deputization of government personnel by COMELEC4. To discipline such deputies5. By delegation from Congress, exercise emergency and tariff powers—

Conditions for the exercise of the President of Emergency Powers:a. It can be exercised only in times of war or national emergency;b. There must be a law authorizing the President to exercise

emergency powers;c. It must be for a limited period;d. It must be subject to restrictions which Congress may provide;

ande. It must be necessary and proper to carry out a declared national

policy.6. Power to Reorganize the Office of the President—under EO 292, theAdministrative Code of 1987

Other PowersThe law grants the President continuing

authority to reorganize the Office of the President in recognition of the recurring need of every President to reorganize his office “to achieve simplicity, economy and efficiency”. The Office of the President is the nerve center of the Executive Branch. To remain effective and efficient, the Office must be capable of being shaped and reshaped by the President in the manner he deems fit to carry out his directives and policies.

Malaria Employees and Workers Association of the Philippines (MEWAP) vs. Executive Secretary Romulo, G.R. No. 160093, July 31, 2007, the President has the authority to carry out a reorganization of the DOH under the Constitutions and statutory laws. This authority is adjunct of his power of control under Article VII, Sections 1 and 17. The President’s power to re0organize the executive branch is also an exercise of his residual powers. However, the President must exercise good faith in carrying out the reorganization of any branch or agency of the executive department.

Impoundment PowerImpoundment refers to the refusal of the President, for whatever reason, to

spend funds made available by Congress. It is the failure to spend or obligate budget authority of any type.

Proponents of impoundment have invoked at least three (3) principal sources of the authority of the President.

1. authority to impound given to him either expressly or impliedly by Congress

2. the executive power drawn from the President’s role as Commander-in-Chief

3. Faithful Execution Clause

The proponents insist that a faithful execution of the laws requires that the President desist from implementing the law if doing so would prejudice public interest. An example given is when through efficient and prudent management of a project, substantial savings are made. In such a case, it is sheer folly to expect the President to spend the entire amount budgeted in the law. (PHILCONSA vs. Enriquez, 235 SCRA 506)