POLITICS AND GOVERNANCE W/PH CONSTITUTION: THE PHILIPPINE EXECUTIVE PRANCH Page 1 of 6

Prof. M. Tabuyan | @michaeltabuyan

Republic of the Ph ilippines
City Government of Muntinlupa
PAMANTASAN NG LUNGSOD NG MUNTINLUPA
NBP Reservation, Poblacion, City of Muntinlupa
COLLEGE OF CRIMINAL JUSTICE
POLITICS AND GOVERNANCE WITH PHILIPPINE CONSTITUTION
THE PHILIPPINE EXECUTIVE BRANCH
Michael Anjielo R. Tabuyan
Instructor
EXECUTIVE POWER
The power to enforce and administer laws (UST
Golden Notes, 2010)
Vested to the President of the Philippines
(Section 1, Article VII, 1987 Constitution)
THE PHILIPPINE PRESIDENT
Head of state and of the government of the
Philippines
Elected directly by the people (Sec 4, Art VII)
o NOTES:
Congress shall sit as National
Board of Canvassers for the
Presidential elections (Sec 4,
Art VII)
In case of tie in presidential
elections, the Congress shall
break the tie through a
majority vote of both houses,
voting separately (Sec 4, Art
VII)
In case of electoral protests,
the Supreme Court, sitting en
banc, shall act as the
Presidential Electoral Tribunal
(PET) (Sec 4, Art VII)
Has a term of six-years beginning 1200H 30
June; no re-election (Sect 4, Art VII)
o Reasons (Hector de Leon):
Vulnerable to constant political
pressure
President may use government
funds for re-election
No re-election may hamper
political dynasties
Six years is enough for the
president to formulate policies
QUALIFICATIONS (SEC 2, ART VII):
Natural-born citizen of the Philippines
At least 40 years old at the day of election
Registered voter
Residing in the Philippines at least 10 years
immediately before the election
POWERS OF THE PRESIDENT
Appointing Power power to appoint high
officials in the government subject to the
consent of the Commission on Appointments
(Sec 16, Art VII)
o Officials appointed by the President
under Section 16, Article VII:
1. Heads of executive
departments (i.e. Cabinet
members)
2. Ambassadors, other public
ministers and consuls
3. Officers of the Armed Forces of
the Philippines from the rank
of Army/Air Force/Marine
colonel or Navy captain
4. Other officers of the
government whose

POLITICS AND GOVERNANCE W/PH CONSTITUTION: THE PHILIPPINE EXECUTIVE PRANCH Page 2 of 6
Prof. M. Tabuyan | @michaeltabuyan

appointments are vested in the
President in the Constitution
5. Those whom he may be
authorized by law to appoint
[i.e. department
undersecretaries, heads of
bureaus and offices, heads of
government-owned and
controlled corporations
(GOCCs) and other officials]
NOTE:
The appointment of
the first four requires
confirmation of the
Commission on
Appointments
President not allowed
to create permanent
appointments two
months immediately
before the next
presidential elections
and up to end of his
term, EXCEPT
temporary
appointments to
positions that will be
prejudicial to public
service if left vacant
(Sec 15, Art VII)
Power of Control and Supervision (Sec 17, Art
VII)
o President shall have control on
executive departments, bureaus, and
offices
o Power of General Supervision
president shall ensure that the laws are
faithfully executed by subordinates;
includes supervision of local
government units (UST Golden Notes,
2010)
Military Powers (Sec 18, Art VII) includes:
o Commander-in-Chief powers
President as the Commander-in-Chief
of the armed forces and shall have
absolute authority over the persons
and members of the AFP (SC, in B/Gen.
Gudani v. L/Gen. Senga, GR No.
170165)
o Calling-out Powers President has the
power to call the armed forces to
prevent or suppress lawless violence,
invasion, or rebellion if necessary
o Power to suspend the privilege of writ
of habeas corpus President may
suspend the privilege of writ of habeas
corpus (court order commanding the
police or military officer to inform if the
court has the person in custody and the
basis for his detention) on grounds of
invasion or rebellion and if public
safety requires it
o Power to declare martial law
President may declare martial law (law
which has application when the
military arm does not supersede civil
authority but called upon to aid it in
the execution of its vital functions) on
grounds of invasion or rebellion, and if
public safety requires it
NOTES:
President must report
to Congress within 48
hours after declaration
of martial law
Congress may revoke
or extend the
declaration of martial
law through a majority
vote of all its members,
voting jointly
Martial law must not
be more than 60 days
unless extended by
Congress
Martial law does not:
(1) suspend the
operation of the

POLITICS AND GOVERNANCE W/PH CONSTITUTION: THE PHILIPPINE EXECUTIVE PRANCH Page 3 of 6
Prof. M. Tabuyan | @michaeltabuyan

constitution, (2)
supplant the
functioning of civil
courts or legislative
assemblies, (3)
authorize conferment
of jurisdiction over
civilians where civil
courts are able to
function, and (4)
automatically suspend
the privilege of the writ
of habeas corpus
Pardoning Power Except in cases of
impeachment and electoral offenses, President
may grant pardon, reprieves, commutations,
and remit fines and forfeiture after conviction
by final judgment, as well as amnesty with the
concurrence of Congress (Sec 19, Art VII)
o Pardon Presidential act which
exempts the individual on whom it is
bestowed, from the punishment the
law inflicts for a crime he has
committed; either absolute or
conditional
o Reprieve postponement of the
execution of a death sentence to a
certain date
o Commutation reduction of the
sentence imposed to a lesser
punishment
o Amnesty act of sovereign power
granting a general pardon for general
offenses granted in favor of a group of
persons committed crimes of political
character, (ex. sedition, rebellion, or
treason)
Diplomatic Powers - President, as the chief
diplomat, has the power to (UST Golden
Notes, 2010):
o Negotiate treaties and other
international agreements, subject to
Senate concurrence or rejection after
2/3 vote (Sec 21, Art VII)
o Appoint ambassadors, other public
ministers, and consuls
o Receive ambassadors, other public
ministers, and consuls accredited to
the Philippines
o Contract and guarantee foreign laws in
behalf of the Philippines
o Deport aliens
Borrowing Powers President may contract or
guarantee foreign loans on behalf of the
Philippines with the prior concurrence of the
Monetary Board of the Bangko Sentral ng
Pilipinas (BSP) (Sec 20, Art VII)
Budgetary Powers President shall submit to
Congress a budget of expenditures and sources
of financing within 30 days from the opening of
the latters regular session (Sec 22, Art VII)
Informing Powers President shall address the
Congress at the opening of its regular session
(State of the Nation Address) (Sec 23, Art VII)
PROHIBITIONS TO THE PRESIDENT
Hold any other office or employment during
their tenure
Directly or indirectly practice any other
profession
Participate in any business
Be financially interested in any contract or
special privilege granted by the government
Do any conflict of interest in the conduct of
their office
Appoint their spouses and relatives by
consanguinity or affinity within the fourth civil
degree as Members of Constitutional
Commissions, Ombudsman, Cabinet Secretaries
and Undersecretaries, Bureau and Office
Heads, and GOCC officials
THE VICE-PRESIDENT
Directly elected by the people (Sec 3, Art VII)
Qualifications are same with the president
Has a term of six years; maximum of two
consecutive (2) terms (Sec 4, Art VII)

POLITICS AND GOVERNANCE W/PH CONSTITUTION: THE PHILIPPINE EXECUTIVE PRANCH Page 4 of 6
Prof. M. Tabuyan | @michaeltabuyan

May be appointed as Cabinet member and
exempted from the confirmation of the
Commission on Appointments (Sec 3, Art VII)
ORDER OF PRESIDENTIAL SUCCESSION
On vacancies at the beginning of the term (Sec
7, Art VII)
VACANCY SUCCESSOR
President-elect
fails to qualify or to
be chosen
VP-elect will be Acting
President until someone
is qualified/chosen as
President
President-elect
dies or
permanently
disabled
VP becomes President
Both President and
VP-elect are not
chosen or do not
qualify, or both
died or became
permanently
disabled
1. Senate President
shall act as
President until a
President or VP
shall have been
chosen and
qualified;
2. Speaker of the
House, in case of
the formers
inability
3. In case of
disability of (1)
and (2), Congress
shall determine
by law who will
be Acting
President

On vacancies after the office is initially filled
(Sec 8, Art VII)
VACANCY SUCCESSOR
President
dies/permanently
disabled/impeached
/resigns
VP becomes President
for the unexpired term
Both President and
VP
dies/permanently
disabled/impeached
/resigns
1. Senate
President
2. In case of
inability of (1)
the Speaker of
the House shall
act as President
until the
President or VP
shall have been
elected and
qualified

On vacancies in the office of the VP (Sec 9, Art
VII):
o President will nominate new VP from
any member of Congress
o Nominee shall assume office upon
confirmation by majority vote of both
Houses, voting separately
o NOTE: Nominee forfeits seat in
Congress
On cases of illness or temporary disability
o In case of illness or temporary disability
of the President, the President, or the
majority of the members of the
Cabinet, will inform the Speaker and
the Senate President in a written
declaration that he is unable to
discharge his office until he transmits
to them another written declaration
stating the contrary of the previous
one, after of which he can assume
again his office. On this period, VP
shall act as Acting President (Sec 11,
Art VII)
o In case of vacancy in both President
and VP, Congress shall convene three
(3) days after the vacancy to set the
rules and the schedule for the special
election for the vacant office of the
President and Vice President (Sec 10,
Art VII)
THE CABINET
Group of advisers appointed by the President
to assist him in the functions of the executive
departments
Called as Secretaries

POLITICS AND GOVERNANCE W/PH CONSTITUTION: THE PHILIPPINE EXECUTIVE PRANCH Page 5 of 6
Prof. M. Tabuyan | @michaeltabuyan

Doctrine of Qualified Political Agency (alter
ego principle) states that acts of the
Secretaries of the Executive Department are
presumed to be acts of the President himself
THE COMPOSITION OF THE CABINET (AS OF AUGUST
1, 2014)
Office of the Executive Secretary
o Assist the President in preparing
communications of the OP
o Current head: Atty. Paquito Ochoa
Department of Foreign Affairs (DFA)
o Advises the President on foreign policy
concerns
o Implements Philippine foreign policies
o Current Head: Amb. Albert del
Rosario
Department of Interior and Local Government
(DILG)
o Advises the President on local
government and public safety matters
o Assists in the supervision of all LGUs
and public safety forces
o Current Head: Sec. Manuel Araneta
Roxas III
Department of National Defense (DND)
o Advises the President on defense and
national security concerns
o Implements defense and national
security policies
o Current Head: Lt. Gen. Voltaire
Gazmin, AFP (Ret)
Department of Finance (DOF)
o Advises the President on revenue and
government finance issues
o Implements fiscal policies
o Current Head: Hon. Cesar Purisima,
CPA
Department of Budget and Management
(DBM)
o Advises the President on the creation
of government budget
o Implements budgetary policies of the
government
o Current Head: Hon. Florencio Abad
Department of Justice (DOJ)
o Advises the President on legal concerns
o Implements corrections, prosecution,
and legal representation policies of the
government
o Current Head: Atty. Leila de Lima
Department of Social Welfare and
Development (DSWD)
o Advises the President on social welfare
concerns
o Implements social welfare policies
o Current Head: Hon. Corazon Soliman
Department of Trade and Industry (DTI)
o Advises the President on trade and
commerce concerns
o Implements trade policies
o Current Head: Hon. Gregory Domingo
Department of Education (DepEd)
o Advises the President on education
policies
o Implements all policies relevant to
education
o Current Head: Bro. Armin Luistro, FSC
Department of Science and Technology (DOST)
o Advises the President on science and
technology policies
o Implements all policies relevant to
science and technology
o Current Head: Engr. Mario Montejo
Department of Labor and Employment (DOLE)
o Advises the President on labor
concerns
o Implements labor and employment
policies
o Current Head: Atty. Rosalinda Baldoz
Department of Transportation and
Communications (DOTC)
o Advises the President on transportation
and communications concerns

POLITICS AND GOVERNANCE W/PH CONSTITUTION: THE PHILIPPINE EXECUTIVE PRANCH Page 6 of 6
Prof. M. Tabuyan | @michaeltabuyan

o Implements transportation and
communications policies
o Current Head: Hon. Emilio Joseph
Abaya
Department of Environment and Natural
Resources (DENR)
o Advises the President on
environmental concerns
o Implements environmental protection
policies
o Current Head: Hon. Ramon Paje
Department of Health (DOH)
o Advises the President on health policies
o Implements all public health policies
o Current Head: Hon. Enrique Ona, MD
Department of Public Works and Highways
(DPWH)
o Advises the President on public works
concerns
o Implements all public works and
infrastructure policies
o Current Head: Engr. Rogelio Singson
Department of Tourism (DOT)
o Advises the President on tourism
concerns
o Implements all tourism policies
o Current Head: Hon. Ramon Jimenez
Department of Agriculture (DA)
o Advises the President on agricultural
concerns
o Implement all agricultural policies
o Current Head: Hon. Proceso Alcala
Department of Agrarian Reform (DAR)
o Advises the President on
implementation of land reform
measures
o Implements land reform policies
o Current Head: Hon. Virgilio delos
Reyes
Department of Energy (DOE)
o Advises the President on energy
concerns
o Implements all energy policies
o Current Head: Hon. Virgilio delos
Reyes
National Economic Development Agency
(NEDA)
o Advises the President on socio-
economic concerns and projects
o Current Director-General: Hon.
Arsenio Balicasan