PHILIPPINE POLITICS AND GOVERNANCE (1).pptx

PHILIPPINE POLITICS AND GOVERNANCE (1).pptx

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  PHILIPPINE POLITICS AND GOVERNANCE TheExecutive Branch of the Philippine Government
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  MELC At the endof session, you should be able to: ◼ defined the executive branch of the government; ◼ identify the qualifications and terms to become the Philippine president; ◼ enumerate and explain the roles and powers of the president of the Republic of the Philippines; Objectives • Analyze the roles and power of the executive branch of the government
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  Coverage 1 • C0ncept andnature of Executive Branch 2 • Composition, Structure, Qualification and Terms 3 • Power of the Philippine executive Branch according to the 1987 Constitution.
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  What is theExecutive Branch of the Government? -The Executive Branch in charged the execution and administration of a country’s laws In general, this branch sets the direction of national policy. -The rule of Executive is to enforce and administer the laws of state -The executive power is vested in the President of the Philippines (Art. VII, Sec. 1)
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  What are theStructure under Executive Branch of the Government President Vice President Cabinet Secretary
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  Qualifications of thePresident and Vice President CATEGORY REQUIREMENT CITIZENSHIP Natural-born Citizen VOTER STATUS Registered Voter MINIMUM EDUCATION Able to read and write AGE At least 40 years on the day of election RESIDENCY At least 10 years immediately preceding the presidential election
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  Term of Officeand Election
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  Why President isa vital position in the governing state. - The following are the powers of the President of the Republic of the Philippines: 1. Administrative Powers 2. Power of Appointment 3. Military Powers 4. Pardoning Powers 5. Powers to Contract and Guarantee Foreign Loans on Behalf of the Republic of the Philippines (Article VII, Section 20, 1987 Philippine Constitution) 6. Budgetary Powers
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  A. Administrative Powers ◼ThePresident has the power of control over the executive departments of the government and supervisory powers over all local government units (LGUs) such that of the province, city, municipality and barangay. Powers of the Philippine President
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  B. Power ofAppointment ◼ Article VII, Section 16 of the 1987 Constitution grants the President with the power to appoint officials of various government. ◼ The heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel and naval captain, regular members of the Judicial and Bar Council, chairmen and members of the constitutional commissions are appointed by the President and confirmed by the Philippine Congress. The President also appoints, without legislative confirmation, the members of the commissioners of the Constitutional Commissions. Powers of the Philippine President
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  C. Military Powers -Powersof the President as Commander-in-Chief includes the power to: ◼ call out the armed forces to prevent or suppress lawless violence, invasion, or rebellion; and ◼ create military tribunals to try persons who violate military laws or commit crimes against national security. ◼ Power to suspend writ of habeas corpus under the following necessary conditions: ◼ There must be invasion or rebellion; and ◼ The public safety must require the suspension. Power to declare Martial Law during invasion or rebellion. Powers of the Philippine President
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  D. Pardoning Powers UnderArticle VII, Section 19 of the 1987 Constitution, the President has the power to grant reprieves, commutations and pardons and remit fines and forfeitures, after conviction by final judgment. The pardoning powers of the President include the following: 1. Reprieve. It is the postponement of the execution of a death sentence to a certain date. 2. Suspension. This refers to the postponement of an execution of death to an indefinite time. It can be performed on the next day, week or month depending on the order of the President. Powers of the Philippine President
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  Pardoning Powers 3. Commutation.This refers to the reduction of sentence imposed to a lesser punishment, as from death penalty to life imprisonment. It can be granted without the acceptance and even against the will of the prisoner. 4.Pardon. This is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed, from the punishment the law inflicts from a crime he has committed (De Leon vs. Director of Prisons, 31 Phil. 60). Two Kinds of Pardon: ▪ Absolute. When pardon is not subject to any condition whatsoever. It becomes effective when made. ◼ ▪ Conditional. When it is given subject to any condition or qualification the President may see fit. It must be accepted by the prisoner to become effective. Powers of the Philippine President
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  Distinctions between Amnestyand Pardon AMNESTY PARDON 1. political offenses 1. infractions of peace 2. groups (classes) of persons 2. individuals 3. requires concurrence of Congress 3. does not require concurrence of Congress 4. public act to which court may take judicial notice of 4. private act which must be pleaded and proved 5. looks backward and puts to oblivion the offense itself 5. looks forward and relieves the pardonee of the consequences of the offense 6. must acknowledge the commission of the crime 6. must have been convicted of the offense with finality
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  Pardon distinguished from Amnesty ◼Parole.This is a process in which the prisoner is released from imprisonment, but without full restoration of liberty as a parolee is still in the custody of the law. ◼Remission of fines and forfeitures. The president can remit fines and forfeitures for an offenses after final conviction. This prevents collection of fines or the confiscation of forfeited property of the convict. Powers of the Philippine President
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  -The President cancontract or guarantee loans with multilateral institutions like the World Bank and International Monetary Fund (IMF) or other regional banks. But this needs the concurrence of the Monetary Board of the Central Bank. Powers of the Philippine President E. Powers to Contract and Guarantee Foreign Loans on Behalf of the Republic of the Philippines
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  Budgetary Powers The Presidentis authorized by the Constitution to prepare the budget of receipts and expenditures based on existing and proposed revenue measures and other resources of financing and to submit it to Congress within 30 days from the opening of each regular session. This can become the basis of the general appropriations act to be enacted by Congress for the next fiscal year.