The Executive Branch of the Government

Article VII of the 1987 Philippine Constitution

Powers of the President

The President shall have control of all the executive departments, bureaus, and

offices. He shall ensure that the laws be faithfully executed.

Control Power- the president shall have the control of all the executive departments, bureaus, and offices. The control power of the President is directly derived from the Constitution. Thus, any law that will limit the exercise of his control power is invalid. The members of the Cabinet as his alter ego are under the full control of the President. He may appoint them as he sees fit, shuffle them at pleasure, and replace them in his discretion without any legal inhibition whatsoever. (ibid).

Section 17

Control vs. supervisionControl 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. It includes the authority to order the doing of an act by a subordinate or to undo such act or to assume a power directly vested in him by law. (Cruz, 2002).

Supervision is to oversee that subordinate officers perform their duties. If the subordinates fail or neglect to fulfill them, then the officer may take such action or steps as prescribed by law to make them perform these duties.

The “take care” clause. The President is considered as the Law Enforcer. He is to enforce the Constitution, statutes, judicial decisions,

administrative rules and regulations and municipal ordinances, as well as treaties entered into by the

government.

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, when the public safety requires it, he

may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the

Philippines or any part thereof under martial law. 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.

Section 18

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules

without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty

days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies,

nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or

directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three

days, otherwise he shall be released.

Command of the Armed Forces- the president is held as the Commander-in-Chief of all the Armed Forces.

Suspension of the writ of habeas corpus- note that what is suspended is not the writ itself but only the privilege of it.

Declaration of Martial Law- law which has an application when the military does not supersede civilian authority bur is called upon to aid it in the execution of its civil function.

Limitations of the Military Power:1. He may call out the armed forces when it becomenecessary to prevent or suppress lawless violence, invasion or rebellion only.2. The grounds for the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law are now limited only to invasion or rebellion, when the public safety requires it.3. The duration of such suspension or proclamation shall not exceed sixty days, following which it shall be automatically lifted.4. Within forty-eight hours after such suspension or proclamation, the President shall personally or in writing report his action to the Congress. If not in session, Congress must convene within 24 hours without need of a call.

5. The Congress may then, by a majority vote of all its members voting jointly, revoke his action.6. The revocation may not be set aside by the President.

7. By the same veto and in the same manner, the Congress may, upon initiative of the President, extend his suspension or proclamation for a period to be determined by the Congress if the invasion or rebellion shall continue and the public safety requires the extension.8. The action of the President and the Congress shall be subject to review by the Supreme Court which shall have the authority to determine the sufficiency of the factual basis of such action. This matter is no longer considered a political question and may be raised in an appropriate proceeding by any citizen. Moreover, the Supreme Court must decide the challenge within thirty days from the time it is filed.

9. Martial law does not automatically suspend the privilege of the writ of habeas corpus or the operation of the Constitution. The civil courts and the legislative bodies shall remain open. Military courts and agencies are not conferred jurisdiction over civilians where the civil courts are functioning.

10. The suspension of the privilege of the writ of habeas corpus shall apply only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion.11. Any person arrested for such offense must be judicially charged therewith within three days. Otherwise he shall be released.

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.

Section 19

Pardoning Power- the president may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

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

Parole- is when the prisoner is released from imprisonment but his liberty is not fully restored because the parolee is still considered in the custody of the law although he is not in confinement

Commutation- is a reduction or mitigation of the penalty

Reprieve- is merely a postponement of a sentence to a date certain, or a stay of execution

Amnesty- is an act of grace given with the concurrence of the Congress

Kinds of Pardon:Pardon may be classified into-1. Absolute or conditional2. Plenary or partial

Limitations:1. It cannot be granted in case of impeachment2. It cannot be granted in cases of violations of election

laws without the favorable recommendation of the Commission on Elections

3. It can be granted only after conviction of final judgment

4. It cannot be granted in cases of legislative contempt or civil contempt

5. It cannot absolve the convict of civil liability6. It cannot restore public offices forfeited

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. The Monetary Board shall, within thirty days from the end of every quarter of the calendar year, submit to the Congress a complete report of

its decision on applications for loans to be contracted or guaranteed by the Government or government-owned and

controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as

may be provided by law.

Section 20

Borrowing Power- the president may contract or guarantee foreign loans on behalf of the Republic of the Philippines with prior concurrence of the Monetary Board

Diplomatic Power- the president is the spokesperson of the nation on external affairs. He may deal with foreign states and governments, extend or withhold recognition, maintain diplomatic relations, enter into treaties, and transact business on foreign relations.

Thank You!!!!!!