Philippine Politics and Governance 11

ROLES AND POWERS OF THE EXECUTIVE BRANCH OF THE GOVERNMENT

MELC: Analyze the roles and powers of the executive branch of the government

WHAT IS IT
In the Philippines, the head of state and the head of the government is the President. Executive power is vested upon him.

EXECUTIVE POWER?
Executive Power is briefly described as the power to enforce and administer the laws. The president implements the laws that
are being enacted by the Legislative Department of the government.

COMPOSITION OF THE EXECUTIVE BRANCH OF THE GOVERNMENT

NATIONAL LEVEL

A. THE PRESIDENT
Article VII, Section 1 of the Philippine Constitution states that the executive power shall be vested in the President
of the Philippines. One term of the office of the president is six years. The president is not eligible for any reelection.

QUALIFICATIONS OF THE PRESIDENT

No person may be elected President unless he is:
 a natural – born citizen of the Philippines
 a registered voter
 at least forty years of age on the day of the election
 a resident of the Philippines for at least ten years immediately preceding such election

B. THE VICE- PRESIDENT

The constitution provides that there shall be a vice-president who shall have the same qualifications and term of
office as the president. The vice – president may also be appointed by the president as a Member of the Cabinet. In such
case, the vice -president will become a secretary concurrent to the position of vice-president. No Vice – president shall
serve for more than two successive terms. Aside from the cabinet post, the vice president is mandated to assume the
presidency in case of the death, disability, or resignation of the incumbent President.

C. THE CABINET
The president, shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the
executive departments.
A cabinet secretary is the alter ego of the President in their respective departments. Thus, they possess the power
to issue directives such as department orders relative to their departments. These orders only apply to offices under the
cabinet secretary’s jurisdiction. Cabinet secretaries also act as advisors for their areas to the President of the Philippines.
The acts performed and promulgated in the regular course of business are presumed to be the acts of the Chief Executive.
The number of cabinet secretaries varies from time to time depending on the need of an administration.
According to the Administrative Code of 1987, the President of the Philippines may create or dissolve any department as
he sees fit. The term of office of the cabinet secretaries is basically coterminous with the president, the appointing
authority.
Alter ego Doctrine – the acts of the subordinate bear the implied approval of his superior, unless actually
disapproved by the latter. Taken with the power of control, the act of the Department Secretaries in the performance of
their duties are presumed to be the act of the president, unless the president alters or modifies the same.

LOGAL GOVERNMENT UNITS

The executive branch extends beyond the national government. According to Article X, Section 4 of the Constitution, the
President of the Philippines is mandated to supervise local governments all over the country. However, because of Republic Act No.
7160, otherwise known as the Local Government Code of 1991, local governments enjoy relative autonomy from the national
government.

Each Local Government has its chief executive namely:

LOCAL
CHIEF EXECUTIVE GENERAL FUNCTION
GOVERNMENT UNIT
Exercise general supervision and control over all programs, projects,
Province Provincial Governor
services, and activities of the provincial government
Municipal/ City Exercise general supervision and control over all programs, projects,
Municipality/ City
Mayor services, and activities of the municipal/ city government
Barangay Barangay Captain Enforce all laws and ordinances which are applicable within the Barangay
 The offices of the above-mentioned local chief executives are limited to three consecutive three-year terms. Once
they end their third term, they may not run for reelection, but may run again once they let one term pass.

THE POWERS OF THE PRESIDENT

1. THE APPOINTING POWER
Appointment is defined as the authority given by the Constitution to the president to select an individual who is to
exercise the functions of a given office. The categories which can be appointed by the president are:
a. The heads of the executive departments such as the Secretary of the Department of Education
b. Ambassadors, other public ministers and consuls
c. Officers of the Armed Forces from the rank of colonel or naval captain
d. Those other officers whose appointments are vested in him by the Constitution
e. All other officers of the government whose appointment are not provided for by law
2. THE REMOVAL POWER
This power is implied from the power to appoint. However, the president cannot just remove officials appointed
by him. It can only be exercised by him in accordance with the prescribed administrative procedure.
3. THE CONTROL POWER
Control is defined as the power of an officer to alter or modify or nullify or set aside what a subordinate officer
had done in the performance of his duties and to substitute the judgment of the former for that of the latter. The president
has control of all the executive departments and offices. He shall ensure that the laws be faithfully executed. The members
of the cabinet are at all times subject to the disposition of the President. It is implicit that the president has the authority to
go over, confirm, modify or reverse the action taken by the Department Secretaries. The president can rule on the
correctness of a Department Secretary.
4. THE MILITARY POWER
Civilian authority, is at all times, supreme over the military. The military power enables the president to:
a. command the Armed Forces
- it makes the president the most important figure in the country in times of war or other similar emergency.
The president may call- out the Armed Forces when it becomes necessary to prevent or suppress lawless violence,
invasion or rebellion.
Examples:
1. President Estrada deployed the Philippine Marines to join the Philippine National Police in visibility patrols
around Metro Manila for the purpose of crime prevention during his presidency.
b. suspend the privilege of the writ of habeas corpus in cases of invasion, rebellion or when public safety requires it.
- The writ of habeas corpus is a formal written order directed to the person detaining another, commanding him to
produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention.
This is to show the valid cause of a person’s detention.
c. Place the Philippines or any part thereof under Martial Law in cases of invasion, rebellion or when public safety
requires it within a period of 60 days which can be extended for a period to be determined by the Congress.
Examples:
1. President Ferdinand Marcos declared Martial Law (proclamation No. 1081) on September 21, 1972 to January 17, 1981.
2. President Rodrigo Duterte declared a state of Martial Law in the Mindanao Group of Islands on May 23, 2017 which lasted until
December 21, 2019 upon approval of the Senate.

Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of
habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by
a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension,
which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same
manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or
rebellion shall persist and public safety requires it.
5. THE PARDONING POWER
A pardon is an act of grace which exempts the individual on whom it is bestowed from the punishment which the
law inflicts for the crime he has committed.
The exercise of the pardoning power is discretionary in the president and may not be controlled by the legislature or
reversed by the courts.
The constitutional limitations on the pardoning power of the president are:
1. cannot be granted in cases of impeachment
2. No pardon can be granted for violation of any election law, rule or regulation.

Amnesty can be granted by the president only with the concurrence of majority of all the members of the
Congress (senators and congressmen). It is granted to classes of persons or communities who may be guilty of political
offenses, generally before or after the institution of the criminal prosecution and sometimes after conviction.
6. BORROWING POWER
The president may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the
approval of the Monetary Board.
7. THE DIPLOMATIC POWER
 The president may deal with foreign states and governments, extend or withhold recognition, maintain diplomatic
relations, enter into treaties, and otherwise transact the business of foreign relations. The president is empowered to
appoint ambassadors, public ministers and consul

8. THE BUDGETARY POWER

It is the president, as the chief administrator and enforcer of laws, who is in the best position to determine the
needs of the government and propose the corresponding appropriation on the basis of existing or expected sources of
revenue.
President Rodrigo Roa Duterte signed into law the Fiscal Year (FY) 2020 General Appropriations Act (GAA), which
appropriated PhP4.1 trillion for the operations of the national government.
9. THE INFORMING POWER
The president usually discharges the informing power through what is known as the state of the nation address,
which is delivered at the opening of the regular session of the legislature. He may also appear before it at any other time.
President Duterte delivered his 5th State of the Nation Address on July 27, 2020 at the Session Hall of the House of
Representatives, Batasang Pambansa Complex, Quezon City amidst the COVID 19 pandemic so only few legislatures were
able to attend.
10. THE VETO POWER
The constitution provides that the President shall have the power to veto any particular item or items in a bill.
When the president vetoes a measure on a ground sufficient for him, he returns the bill to the House of Origin (either the
Senate or the House of Representatives) indicating his objections thereto.
11. ORDINANCE POWER
The President of the Philippines has the power to give executive issuances, which are means to streamline the
policy and programs of an administration. There are six issuances that the President may issue. They are the following as
defined in the Administrative Code of 1987:

A. Executive orders — Acts of the President providing for rules of a general or permanent character in implementation or execution of
constitutional or statutory powers shall be promulgated in executive orders. (Book III, Chapter 2, Section 2)
Example: Executive Order No. 112, s. 2020 Imposing an Enhanced Community Quarantine in High Risk Geographic Areas of the
Philippines and a General community Quarantine in the Rest of the Country from 01 to 15 May 2020, Adopting the Omnibus Guidelines on
the Implementation Thereof, and for Other Purposes

B. Administrative orders — Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties
as the administrative head shall be promulgated in administrative orders.
(Book III, Chapter 2, Section 3)
Example: Administrative Order No. 28, s. 2020- Authorizing the Grant of Special Risk Allowance to Frontline
Public Health Workers During the Period of Enhanced Community Quarantine Relative to the Covid-19 Outbreak

C. Proclamations — Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of
which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of
an executive order.
Example: Proclamation no. 1021 s. 2020 - Extending the Period of the State of Calamity Throughout the Philippines due to
Corona Virus Disease 2019 Declared Under Proclamation No. 929, s. 2020
D. Memorandum orders — Acts of the President on matters of administrative detail, or of subordinate or temporary interest which only
concern a particular officer or government office shall be embodied in memorandum orders. (Book III, Chapter 2, Section 5)
Example: Memorandum Order No. 49 s. 2020-Directing all Concerned Government Agencies to Coordinate and Pool their
Resources and Efforts into the Production and Distribution of Face Masks

E. Memorandum circulars — Acts of the President on matters relating to internal administration, which the President desires to bring to
the attention of all or some of the departments, agencies, bureaus, or offices of the government, for information or compliance, shall be
embodied in memorandum circulars.
Example: Memorandum Circular No. 77, s. 2020 -Directing all Government Agencies, Offices and Instrumentalities, as well as
Local Government Units, to Implement and Ensure Compliance with the Issuances of the Department of Health and Department of
Agriculture on the Prices of Essential Emergency Medicines and Supplies, and Selected Agriculture and Fishery Commodities
F. General or special orders — Acts and commands of the President in his capacity as commander-in-chief of the Armed Forces of the
Philippines shall be issued as general or special orders. (Book III, Chapter 2, Section 7)

ACTIVITY: “My Executive Personality”

Direction: Name at least one member of the Executive Branch of the government in the National Level. Fill -in the
boxes with his/her position, and a function he//she has done, then analyze whether or not the function was done in the
exercise the Executive power. Write on a whole sheet of paper.

My Favorite Member of the Executive Branch of the government is...

He/She is the....
One function/ duty he/she has done is....
He/She has performed the function within the bounds of his/her
power because...