Philippine Politics and Governance

(GRADE 12 First Semester)

MODULE 4
Lesson 4 : The Executive Department
Lesson 5: The Legislative Department

Prepared by:
Ms.Erika D. General
Executive Department

The term executive refers to a single leader or group of officials in the executive department who
are authorized by the Constitution to enforce the laws of the state. (Ayson & Reyes, 2000)

The executive power is the power to enforce and administer laws exercised by the President of
the Philippines. He is the enforcer of the laws made by Congress. (Castañeda et al., 2010)

The President of the Philippines plays very important roles in the political system:

Chief of State
Chief Executive 
Chief Diplomat
Commander-in-Chief of the Armed Forces

Executive Power Defined

The executive power granted to the President is the power to enforce and execute the
laws faithfully.(Ligan, Laya, Rabaca & Ruiz, 2014).

Qualifications for Presidency

The 1987 Constitution (Section 2, Article VII)

Natural born citizen of the Philippines
A registered voter
Able to read and write
At least forty (40) years old at the day of the election.
Resident of the Philippines for at least 10 years immediately preceding the election

1987 Constitution - Article VII

Approved: 02 February 1987
Executive department

Section 1.The executive power shall be vested in the President of the Philippines.

Executive Power- power to administer laws, carry them into practical operation and enforce due
to observance.

Section 2.No person may be elected President unless he is a natural-born citizen of the
Philippines, a registered voter, able to read and write, at least forty years of age on the day of the
election, and a resident of the Philippines for at least ten years immediately preceding such
election.

Section 3.There shall be a Vice-President who shall have the same qualifications and term of
office and be elected with, and in the same manner, as the President. He may be removed from
office in the same manner as the President.
Section 4.The President and the Vice-President shall be elected by direct vote of the people for a
term of six years which shall begin at noon on the thirtieth day of June next following the day of
the election and shall end at noon of the same date, six years thereafter. The President shall not
be eligible for any re-election. No person who has succeeded as President and has served as such
for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption in the continuity of the
service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be
held on the second Monday of May.
The person having the highest number of votes shall be proclaimed elected, but in case two or
more shall have an equal and highest number of votes, one of them shall forthwith be chosen by
the vote of a majority of all the Members of both Houses of the Congress, voting separately.

Term of Office
-refers to the period which an officer may claim to hold the office as a matter of right.

Tenure of Office
-the period during the incumbent holds the position.

Section 8.In case of death, permanent disability, removal from office, or resignation of the
President, the Vice-President shall become the President to serve the unexpired term. 
In case of death, permanent disability, removal from office, or resignation of the President and
Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House
of Representatives, shall then act as President until the President or Vice-President shall have
been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent
disability, or resignation of the Acting President. He shall serve until the President or the Vice-
President shall have been elected and qualified, and be subject to the same restrictions of powers
and disqualifications as the Acting President.

Section 9.Whenever there is a vacancy in the Office of the Vice-President during the term for
which he was elected, the President shall nominate a Vice-President from among 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 the Congress, voting separately.

Section 10.The Congress shall, at ten o'clock in the morning of the third day after the vacancy in
the offices of the President and Vice-President occurs, convene in accordance with its rules
without need of a call and within seven days, enact a law calling for a special election to elect a
President and a Vice-President to be held not earlier than forty-five days nor later than sixty days
from the time of such call.
 
Section 13.The President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said tenure, directly or indirectly,
practice any other profession, participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by the Government or any
subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of
their office.

The spouse and relatives by consanguinity or affinity within the fourth 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.

STATE OF THE HEALTH OF THE PRESIDENT (Section 12, Article VII)

In case of serious illness of the President, the public shall be informed of the health of the
President.

The following members of the cabinet shall not be denied access to the President during such
illness:

Cabinet member in charge of national security

Cabinet member in charge of foreign affairs
Chief of Staff of the Armed Forces of the Philippines

PRIVILEGES

Official Residence
Salary
Immunity

PROHIBITIONS

Receiving any emolument from other source

Holding any other office of employment unless otherwise provided by the constitution
Direct or indirect profession
Initiating avoiding conflict of interests in the conduct of his office
Appointing spouse and relatives by consanguinity within the fourth civil degree as members of
Constitutional Commissions

Specific Powers of the President

Section 16.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, or officers of the armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him in this Constitution. 

Appointment
-is the act of designation by the executive officer of the individual who is to exercise the
functions of a given office.
Although the constitution contains no provision expressly vesting in the President the power to
remove executive officials from their posts, he still has the removal power as it is implied from
his appointing power.

Section 17.The President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.

President may alter or modify or set aside actions of subordinate officers. He also has the
authority to supervise, investigate, suspend or remove erring officers.

Section 18.The President shall be the Commander-in-Chief of all armed forces of the Philippines
and whenever it becomes necessary, he may call out such armed forces to prevent or suppress
lawless violence, invasion or rebellion. In case of invasion or rebellion… he may, suspend the
privilige of the writ of habeas corpus or place the Philippines or any part thereof under martial
law. 

Writ of Habeas Corpus

-an order to bring a jailed person before a judge or court to find out if that person should
really be in jail

Restrictions on the President’s power to declare martial law

There must be an invasion or rebellion

The duration shall not exceed 60 days
The President must submit a report to congress within 48 hours after declaration
The declaration may be revoked by Congress.
The Supreme Court may inquire into the sufficiency of the factual basis of the proclamation.

Section 19.Except in cases of impeachment, or as otherwise provided in this Constitution, the

President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after
conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the
Members of the Congress.

1) REPRIEVE- postponement of the execution of a death sentence.

2) COMMUTATION- reduction of the sentence imposed for a lesser punishment.
3) PARDON- exempts from the punishment the law inflicts for a crime he has committed.
4) AMNESTY- abolishes the offense of which one is charged.

Section 20.The President may contract or guarantee foreign loans on behalf of the Republic of
the Philippines with the prior concurrence of the Monetary Board, and subject to such limitations
as may be provided by law. 

Section 21.No treaty or international agreement shall be valid and effective unless concurred in
by at least two-thirds of all the Members of the Senate.

Section 22.The President shall submit to the Congress, within thirty days from the opening of
every regular session as the basis of the general appropriations bill, a budget of expenditures and
sources of financing, including receipts from existing and proposed revenue measures.
Section 23.The President shall address the Congress at the opening of its regular session. He
may also appear before it at any other time.
It gives an opportunity to give information on the “state of the nation” and to recommend such
measures to the legislature as he may deem necessary and proper.
 
Powers of the President (Lim, 2010; Nebres, 2007)

Power to execute laws Executive Clemency

Power to appoint and to remove Contract Loan
Control and Supervision Diplomatic
Supervision of the Local Government Units Deport Alien
Military Residual Power
Legislative

Activity 1

 Research about different executive branch departments

 Choose five executive branch departments and give their Department’s role,
responsibilities and how they enforce their policies
 Use a graphic organizers if necessary

Activity 2

Give specific example or situation of reprieve, commutation, pardon and Amnesty. Two example
each.

The Legislative Branch

 The legislative branch broadly deals with the making, deliberation over, enactment,
amendment and repealing of laws
 The Legislative Branch-From the Latin lex, legis meaning law
 The legislative branch broadly deals with the making, deliberation over, enactment,
amendment and repealing of laws

Basic Structure

There are two basic structures for legislative branches of government

Unicameral- The legislative branch consists of one chamber/house

Bicameral-Legislative power is vested in two chambers/houses

The Philippine Congress

The Philippine Congress is the country’s legislative department (Art. VI, Sec. 1)

1. Congress is bicameral

Upper House: Senate

 Lower House: House of Representatives

Senate
Composition- 24 Senators elected at large

Qualifications
Natural-born citizen
At least 35 years old on Election Day
Literate (can read and write)
Registered voter
Philippine resident for 2 years prior to election day

Term of Office- 6 years , Maximum: 2 terms

House of Representatives

Composition

200 district reps, 50 party list

Qualifications
Natural-born citizen
At least 25 years old on Election Day
Literate (can read and write)
Registered voter of the district
District resident for 1 year prior to election day
Term of Office: 3 years
Maximum: 3 terms

In Case of Vacancy
Vacancy can be filled through regular election
Special elections can be called for the purpose of filling the vacancy
In either circumstance, the one elected merely sits for the unexpired term

Parliamentary Privileges

Congressmen have two parliamentary privileges while Congress is in session:

Privilege from arrest

 Immunity from offenses punishable by not more than six years imprisonment
Privilege of speech and debate
 Immunity from libel and slander
Transparency

Elected Congressmen must:

 Fully disclose their financial and business interests

 Disclose potential conflicts of interests that arise in the course of legislation
 Keep from any other office or employment (appointed or otherwise), forfeit his/her seat
to do so

Structure and Dynamics

 Senate President and House Speaker elected by majority vote

 Other officers, procedures and the discipline of its members is at the discretion of each
house
 Quorum: Majority
 Each House maintains a journal and record of proceedings
 Neither House can adjourn without the other’s consent while in session

Powers of Congress

 Appointment of Public Officials

 Legislative inquiry and investigation
 Declare the existence of a state of war
 Ratify the country’s international treaties (Senate)
 Authorize limited emergency powers for the President

Powers of Congress
 Approve the government budget
 Undertake projects under the CDF
 Propose, review, and adopt bills for enactment into law
 Overturn a Presidential veto with respect to proposed legislation
 Allow for referenda
 Propose amendments to the constitution and call for a constitutional convention

Legislative Limitations

Congress may not:

 Increase appropriations recommended by the executive branch
 Pass tax exemptions without the concurrence of a majority of its members
 Grant titles of nobility
 Pass ex post facto bills
 Pass bills of attainder

How a Bill Becomes Law

Referral to Committee<>Debate<>1st Reading<>2nd Reading<>3rd Reading<House of

Representatives
How a Bill Becomes Law

Referral to Committee<>Debate<>1st Reading<>2nd Reading<>3rd Reading>Senate

1st Reading<>2nd Reading<>3rd Reading<>~House of Representatives

How a Bill Becomes Law

1st Reading<>2nd Reading<>3rd Reading<>~Senate~

BICAMERAL COMMITTEE

1st Reading<>2nd Reading<>3rd Reading<>~House of Representatives

How a Bill Becomes Law

President<>1st Reading<>2nd Reading<>3rd Reading<>~Senate~

1st Reading<>2nd Reading<>3rd Reading<>~House of Representatives~

How a Bill Becomes Law

President<>APPROVE<>VETO<>30 DAY PERIOD<>1st Reading<>2nd Reading<>3rd

Reading<>1st Reading<>2nd Reading<>3rd Reading<>~House of Representatives~

Activity
Answer the following:

1. In your own words, explain how a bill becomes law

2. Compares and contrasts the powers and duties of the House of Representatives against
those of the Senate. When comparing the two houses of Congress, be sure to reference
Article I for specific examples of where these similarities and differences originate.