executive department, powers of the president

7/27/2019 Executive Department, Powers of the President

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The Executive Departmentand Powers of the

PresidentConstitutional Law 1


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EXECUTIVE POWER!

It is the power to enforceand administer the laws(Cooley, Constitutional Limitation, 8thed., p. 183)

The executive power isvested in the President of

the Philippines (Art. VII, Sec. 1)


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Qualifications

Natural Born Citizen A Registered Voter

Able to Read and Write Atleast 40 years of age onthe day of election

Resident of the Philippinesfor atleast ten yearsimmediately preceding theelection.


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Term of Office The President and Vice-

President shall be elected bythe people for six (6) years.(Art. VII, Sec 4(1)

Shall not be eligible for any

re-election No Person who has succeded

as President xxx for morethan 4 years shall bequalified xxx (Art. VII, Sec 4)

Election1.)Regular Second Monday of May, every six years

2.)Special-a.) Death, Disability, Removalfrom office or Resignationb.) Vacancies occur more thaneighteen months before nextelection

c.) A law passed by congress

Oath of officeBefore they enter the execution of their office, thePresident and Vice-President shall take the oath oraffirmation


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Oath- an outward pledge made under animmediate sense of responsibility to God (Cruz,

2002) I, do solemnly swear that I will

faithfully and conscientiously fulfill my duties as President of thePhilippines, preserve and defend its

Constitution, execute its laws, do

justice to every man, and consecrate myself to the service of the Nation. So help me God.


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Vice-President

Qualifications are samewith the President.

Eligible for the positionof member of theCabinet (no need for CA

confirmation) Allowed to serve for twosuccessive terms .


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PresidentialSuccession(Sec 7-8)

2 sets of rule: a.) Occuring before the term

Death/Permanent Disability Failure to elect the President Failure to qualify

b.) Occuring mid-term Death/Permanent Disability Removal Resignation


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Estrada vs Desierto ;Estrada v. Macapagal-

ArroyoHeld: Resignation of Estrada cannot be doubted.In the press release containing his final statement, (1) he acknowledge the oathtaking of Arroyo; (2) emphasize leaving the palace; (3) expressed gratitude for theopportunity to serve; (4) he will not shrink from any future challenges; (5) called onhis supporters to promote a national spirit of reconciliation and solidarity. Certainly,the national spirit of reconciliation and solidarity could not be attained if he did notgive up the presidency. The press release was his valedictory, his final act of farewell.

The Congress had, by resolution, formallyrecognized GMA as the constitutional successor of Joseph Estrada by reason of his resignation asPresident.


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Prohibitions and Inhibitions

1. No increase in salaries during the term.2. Shall not receive emoluments3. Shall not hold any other office .4. Shall not, directly or indirectly, practice

any other profession , business , or befinancially interested in any othercontract with franchises of thegovernment.

5. Avoid conflict of interest in the conductof their office

6. May not appoint spouse or relatives byconsanguinity or affinity within 4th civildegree

(ART. VII, SECTIONS 6, 13)


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Civil Liberties Union v.Executive Secretary

Held: The prohibition of public officials from holding ANY office or

employment is absolute , all-embracing , and is particular to thePresident, VP, Cabinet Members, their undersecretaries, andassistant secretaries as such was the intention of the framers of theConstitution.

Cabinet members and their deputies may only hold other officewhen expressly authorized by the constitution .

Prohibition against the holding of any other office xxx does notcomprehend additional duties and functions required by theprimary functions of the officials concerned who are to perform

them in an ex-officio capacity as provided by law.


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POWERSOF THE

PRESIDENT

1.) Executive Power 2.) Power of Appointment3.) Power of Removal4.) Power of Control5.) Military Powers6.) Pardoning Power

7.) Borrowing Powe8.) Diplomatic Powe9.) Budgetary Powe

10.)Informing Powe11.)Residual Power Other Powers


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Executive Power

President shall have the control of allexecutive departments, bureaus, and offices.

He shall ensure that laws are faithfull executed(Art. VII, Sec.17)

Until and unless a law is declaredunconstitutional, the President has a duty toexecute it regardless of his doubts as to itsvalidity (Faithful Execution Clause ) (Cruz, Phil. Political Law)


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Power of Appointment

Selection by the authorityvested with the power, of anindividual who is to exercise thefunctions of a given office.

Kinds of PresidentialAppointment(Sec.15) Appointment made by an Acting

President Midnight Appointment Regular Presidential Appointment Ad-Interim Appointment

P d


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Power of Appointment

Appointments Requiringthe consent of theCommission onAppointments(VII, Sec.16)

A.) Heads of executivedepartments(except VP) B.) Ambassadors and

other public ministers andconsuls

C.) Officers of the AFPfrom the rank of colonelor naval captain

D.) Officers whoseappointments are vestedin him by the Constitution

Appointments without theneed of CA Confirmation Those vested by the

Constitution on thePresident alone

Appointments that are nototherwise provided by law

Those authorized by law toappoint

Officers lower in rankwhose appointment isvested by law in thePresident Alone

Procedure1.) Nomination by thePresident2.) Confirmation by the CA

3.) Issuance of commission4.) Acceptance by theAppointee


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1. Executive Secretary2. Secretary of Agrarian Reform3. Secretary of Agriculture4. Secretary of Budget and Management

5. Secretary of Education6. Secretary of Energy7. Secretary of Environment and NaturalResources8. Secretary of Finance9. Secretary of Foreign Affairs

10. Secretary of Health11. Secretary of Justice12. Secretary of Labor and Employment13. Secretary of National Defense14. Secretary of Public Works andHighways

15. Secretary of Science and Technology16. Secretary of Social Welfare andDevelopment17. Secretary of the Interior and Local

Government18. Secretary of Trade and Industry19. Secretary of Transportation andCommunications20. Secretary of Tourism21. Commission on Higher Education

21. Director General of the NationalEconomic and Development Authority

Not all Cabinet members, however, are subject toconfirmation of the Commission on

Appointments. According to the Commission of Appointmentswebsite, the following need confirmation in order

to assume their posts:


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In Re: Hon. M.A.Valenzuela and

Hon.P.B. Vallarta Held: No. The provisions on Article VIII simply

means that the President is required to fillvacancies in the courts within the time framesprovided.

Art. VII Sec. 15 is directed against two types of appointments: (1) those for buying votes and (2)those made for partisan considerations .

Vote-buying : Giving or promising any office oremployment in order to induce anyone to vote foror against any candidate.

Issue: May the President makeappointments to the judiciary (Art VIII,Sec. 4 and 9) during the period of the ban

imposed by Sec.15


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Sarmiento III v. Mison

Held:No. It is the clear and expressed intent of the framersof the 1987 Constitution that presidentialappointments except those mentioned in the firstsentence of Sec 16, ART VII, are NOT subject toconfirmation by the COA.

Does the appointment of Mison asCommissioner of the Bureau of Customs require the confirmationof COA?


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Bautista v.Salonga

Held: No. The position of Chairman of CHR is not among the

positions mentioned in the first sentence of Sec.16 ART VII.

Such appointment is to be made without review orparticipation of the CoA Also, it cannot be impressed that the new appointment of

Bautista was an ad interim. Ad interim appointments do notapply to appointments solely for the President to make.

Appointments as Chairman and members of theCommission of Human Rights does not require confirmationby Commission on Appointment

Does COA have the authority to reviewthe appointments made by thePresident to the Commission of Human

Rights?


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Quintos Deles v. Commissionon Constitutional

CommissionsHeld: Yes. Sectoral reps to the House of Reps are among

the other officers whose appointments are vestedin him in the Constitution.

Appointment as sectoral representative (duringthe transition period) in the House of Repsrequires confirmation by CoA.

Futhermore, Deles appointment was ad interimpursuant to Sec.16(2) ART VII. Implicit therefore isthe recognition by the Pres. That Deles

appointment requires confirmation by the COA.

Is confirmation byCOA required for the appointmentof sectoral reps

to the House of Reps.


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Manalo v Sistoza

Held: The SC held that the appointments are valid. It is well-

settled that only presidential appointments belonging

to the first group require the confirmation by theCommission on Appointments. The police force is different from and independent of

the armed forces and the ranks in the military are notsimilar to those in the Philippine NationalPolice. Thus, directors and chief superintendents of the PNP, such as the herein respondent policeofficers, do not fall under the first category of presidential appointees requiring the confirmation by

the Commission on Appointments

Whether or not theappointment of the PNPofficers who were promoted

as Chief Superintendent andDirectors w/o confirmation of the CA valid.


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Power of Removal

General Rule: This power isimplied from the power to

appoint(Cruz) Exception Those appointed by

him where the Constitution

prescribes certain methods forseparation from public service.


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Power of Control

Control The power of an officer to alter,modify, nuillify, or set aside what a subordinateofficer had done in the performance of his dutiesand to substitute the judgement of the formerfor that of the latter.

Supervision Overseeing or the power orauthority of an officer to see that subordinateofficers perform their duties . If the latter fail orneglect to fulfill them, then the former may takesuch action or steps as prescribed by law to makethem perform these duties .


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Drilon v Lim

Held: No. Sec.187 only authorizes Drilon to review only the

constitutionality or legality of the tax ordinance and

revoke it on either grounds. An officer in control lays down the rules in the doing of an act.

A supervisor or superintendent merely sees to it thatthe rules are follower, but he himself does not laydown such rules, nor does he have the discretion tomodify or replace them. If the rules are not observed,he may order the work done or re-done but only toconform with the prescribed rules.

Does sec.187 of theLGC give the Sec. of Justice the power of control and not merelyof supervision?


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Doctrine of Qualified PoliticalAgency or Alter Ego Principle

The multifarious executive andadministrative functions of the Chief

Executive are performed by andthrough the executive departments.

The acts of the Secretaries of Executive departments xxx in the

regular course of business or unlessdispproved xxx are presumptively theacts of the Chief Executive .


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Villena vs Secretary of theInterior

Held: Yes. Though there is no clear and express grant of

power to the Sec. of Interior to suspend a Municipality

Mayor under investigation, the power is expresslylodged unto the President under the AdministrativeCode.

The acts of the department secretaries, performed andpromulgated in the regular course of business, are, unlessdisapproved or reprobated by the President, presumptivelythe acts of the President.(Doctrine of Qualified PoliticalAgency)

Does the Sec. of Interior have the authority to decreethe suspension of Mayor

Villena?


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Lacson-Magallanes Co., Inc. V.Pao

Held: Yes. Under the Constitution, the President has control

of all executive departments.

Implicit then is his authority to go over, confirm,modify, or REVERSE the action taken by hisdepartment secretaries.

It is not correct to say that the President may notdelegate to his Exec. Sec. certain acts.

The rule is where the Exec. Sec. acts by authority of thePres. , his decision is that of the president and only thePresident may rightfully disapprove or reprobate it and saythat the Exec. Sec. is not authorized to do so.

May the executive secretary, actingby the authority of the President,reverse a decision of the Director of

Lands affirmed by the Sec. of Agriculture and Natural Resources?


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Integrated Bar of the Phils.V. Zamora

Held: No. The participation of the Philippine Marines

constitutes a permissible use of military assets for

civilian law enforcement. The President is not only clothed with extraordinarypowers in times of emergency, but is also tasked withattending to the day-to-day problems of maintainingpeace and order and ensuring domestic tranquility intimes when no foreign foe appears on the horizon.

Wide discretion, within the bounds of law, in fulfillingpresidential duties in times of peace is not in any waydiminished by the relative want of an emergency

specified in the commander-in-chief provision .


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Guanzon v De Villa

Held:

NO! The President may NOT order police actionsviolative of human rights under the pretext of Art. VII,Sec 18.

Though nothing in the Constitution denies the authority of the Chief Executive to order police actions to stopcriminality, lawlessness, and alarming communist activities ;all police actions are governed by the limitations of the Billof Rights.

May the police conduct such drivesin violation of human rights under the pretext of Sec.18(preventing or

suppressing lawless violence,invasion or rebellion)


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Ruffy v. Chief of Staff

Held: No. The error arose in failure to perceive the nature of

court martials and the sources of authority for their creation.

Court Martials are simply instrumentalities of the executivepower provided by Congress for the President asCommander-in-Chief. Their only object: to aid the Presidentin commanding and enforcing discipline in the Armed

Forces. Petition is dismissed because unlike court of law, they are

not a portion of the judiciary.

Whether or not the 93 rd Article of War contravenes Art. VIII Sec.2(4)having no review made by the SC.


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Military Powers

2.) Suspension of writ of Habeas Corpus A writ directed to the person detaining another, commanding

him to produce the body of the prisoner at a designated timeand place xxx the object of which is the liberation of thosewho may be in prison without sufficient cause.

Ground for suspension: invasion, rebellion, when publicsafety requires it

Effects of suspension of Writ: does not affect the right to bail Applies only to persons facing charges of rebellion The arrested must be charged within 3 days; if not

they must be released Does not supersede civilian authority .


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Military Powers

3.) Martial LAW Grounds for declaration: Invasion and Rebellion

The following cannot be done: Suspend the operation of the Constitution Supplant the function of the civil courts and

legislative assemblies

Violate Open Court Doctrine (civilians cannot be triedby military courts if the civil courts are open andfunctioning)

Automatically suspend the writ of Habeas Corpus


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Olaguer v. MilitaryCommission No.34

Held: No. The trial contemplated by the due process clause

of the Constitution is a trial by judicial process , not byexecutive or military process.

Judicial power cannot be the function of the ExecutiveDepartment through the military authorities

Whether or not martial law has been proclaimedthroughout the country or over a part thereof, military

commissions or tribunals have no jurisdiction to try civiliansfor alleged offense when the civil courts are open andfunctioning.

Do Military Commissions have jurisdiction to try civilians for offenses allegedly committed during

martial law when civil courts areopen and functioning?


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Military Powers

Constitutional Limitations o f Martial LaW

And the suspension of privilege of Habeas Corpus:

Not more than 60 days, unless extended bycongress

President to report to congress within 48 hours

Authority of the congress to revoke or extend Authority of the Supreme Court to inquire of the

factual basis for such action

Ways to lift proclamation orsuspension:I. By the President himself II. Revocation by CongressIII. Nullification by the Supreme Court

IV. By operation of law after 60 days


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Pardoning Power(Sec.19)

Pardon- Act of grace which exemptsindividual from punishment whichthe law inflicts.

As to effect:a.)Plenary or b.)Partial

As to presence of condition:

a.)Conditional Pardon or b.)AbsolutePardon


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Torres v Gonzales

Held: No. Conviction by final judgment is not necessary torecommit a conditional pardonee alleged to have breach hiscondition. T he terms and conditions of a conditionalpardon are purely executive acts which are not subjectto judicial scrutiny. Due process of law would NOT beviolated.

Is due process clause violated inrecommitting a conditional pardoneewithout having been convicted byfinal judgement?


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Monsanto v Factoran Jr.

Held: No. Having accepted the pardon, Monsanto is deemed to

have abandoned her appeal; and her unreversed convictionby the Sandiganbayan assumed the character of finality.

Pardon implies guilt It involves forgiveness not forgetfulness It frees the individual from all the penalties and legal

disabilities and restores him to all his civil rights, but,UNLESS grounded on innocence, does not wash out themoral stain ;

cannot preempt the appointing power although it restoreseligibility.

Is a convicted public officer who hasbeen granted an absolute pardon bythe President entitled toreinstatement without the need of anew appointment?


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People v. Salle, Jr.

Held: No. The clause in Art. VII, Sec.19 of the Constitution

conviction by final judgment limitation mandates that nopardon may be extended before a judgment of convictionbecomes final.

Where appeal is pending, it must first be withdrawn tobring the conviction to finality.

In the present case, the conditional pardon granted to thepetitioner-appellant shall be deemed to take effect onlyupon the grant of withdrawal of his appeal .

May a pardon be enforced whileappeal is pending?


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Sabello v. DECS

Held: No. Sabello was lawfully separated from the govt

service upon his conviction for an offense. Although his reinstatement to another position had been

duly authorized, it did not thereby entitled him to backwages.

Such right is only afforded to those who have been illegally

dismissed and were thus ordered reinstated or to thoseotherwise acquitted of the charge against them.

Is Sabello entitled to back wageshaving been granted absolutepardon?


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Llamas v. Orbos

Held: Yes, but only to those in the executive department . Executive clemency may be extended to those convicted

not only in criminal but also in administrative cases(notincluding the judicial and legislative)

Administrative cases are clearly less serious than criminaloffenses.

Evident also from the intent of the ConstitutionalCommission that that the Presidents executive clemencypowers may not be limited in terms of coverage except asprovided in the Constitution.

Does the President have the power to grant executive clemency inadministrative cases?


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Pardoning Power(Sec.19)

Amnesty A general pardon to rebelsfor their treason or political offence;it so overlooks and obliterates the

offnse with which he is charged.Person released by amnest standsbefore the law precisely as though he

had committed no offense.


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Other forms of executive clemency:

Commutation reduction or mitigation of penalty

Reprieve postponement of sentence or stay of execution

Parole release from imprisonment, but withoutfull restoration of liberty(in custody of lawalthough not in confinement

Remission of fines and forfeiture Prevents thecollection of fines and confiscation of forfeitedproperty; cannot affect rights of third party andmoney already in the treasury .


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Borrowing Power(Sec. 20) The 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 the end of everyquarter.


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Budgetary Power

Within 30 days from the opening of everyregular session, President shall submit toCongress a budget or expenditures andsources of financing, including receipts fromexisting and proposed revenue measure.

Congress may not increase the appropriation

recommended by the President for theoperation of the Government as specified inthe budget.


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Informing Power

The President shall addressCongress at the opening of itsregular session. He may alsoappear before it at any othertime.

The information may be neededfor the basis of legislation(Cruz)

The President usally dischargesthe informing power throughwhat is known as the State of theNation Address

R id l P


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Marcos v. Maglapus

Held:The powers of the President cannot be said to

be limited only to the specific powers enumerated inthe Constitution. Executive power is more than thesum of specific powers so enumerated.

Residual unstated powers of the President areimplicit in and correlative to the paramount duty

residing in that office to safeguard and protectgeneral welfare.The President xxx has unstated residual power

xx which are necessary for her to comply with her

duties.

Residual Power


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Other Powers

a.) Call to Congress to a special sessionb.) Approve or veto bills

c.) Deport Aliensd.) Consent to deputization of governmentpersonnel by COMELEC and discipline them

e.) Exercise emergency(war, law, limited,necessary) and Tariff powersf.) Power to classify or reclassify lands

executive department, powers of the president

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