The Executive Department and Powers of the

PresidentConstitutional Law 1

EXECUTIVE POWER!

• It is the power to enforce and administer the laws (Cooley, Constitutional Limitation, 8th ed., p. 183)

• The executive power is vested in the President of the Philippines (Art. VII, Sec. 1)

Qualifications

• Natural Born Citizen• A Registered Voter• Able to Read and Write• Atleast 40 years of age on

the day of election• Resident of the Philippines

for atleast ten years immediately preceding the election.

Term of Office• The President and Vice-

President shall be elected by the 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 more than 4 years shall be qualified xxx (Art. VII, Sec 4)

Election1.)Regular – Second Monday of May, every six years2.)Special-a.) Death, Disability, Removal from office or Resignationb.) Vacancies occur more than eighteen months before next electionc.) A law passed by congress

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

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

2002)“I, do solemnly swear that I will

faithfully and conscientiously fulfill my duties as President of the

Philippines, 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.”

Vice-President

• Qualifications are same with the President.

• Eligible for the position of member of the Cabinet(no need for CA confirmation)

• Allowed to serve for two successive terms.

Presidential Succession(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

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 oath taking of Arroyo; (2) emphasize leaving the palace; (3) expressed gratitude for the opportunity to serve; (4) he will not shrink from any future challenges; (5) called on his 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 not give up the presidency. The press release was his valedictory, his final act of farewell.

• The Congress had, by resolution, formally recognized GMA as the constitutional successor of Joseph Estrada by reason of his resignation as President.

Privileges

1.) Presidential Immunity• Immunity from suits during

incumbency.

2.) Executive Privileges– Right of the President to

withold information from Congress, the Courts, and the Public (Sec.2(a) of E.O. 464)

Prohibitions and Inhibitions

1. No increase in salaries during the term.2. Shall not receive emoluments 3. Shall not hold any other office.4. Shall not, directly or indirectly, practice

any other profession, business, or be financially interested in any other contract with franchises of the government.

5. Avoid conflict of interest in the conduct of their office

6. May not appoint spouse or relatives by consanguinity or affinity within 4th civil degree

(ART. VII, SECTIONS 6, 13)

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 the President, VP, Cabinet Members, their undersecretaries, and assistant secretaries as such was the intention of the framers of the Constitution.

• Cabinet members and their deputies may only hold other office when expressly authorized by the constitution.

• Prohibition against the holding of any other office xxx does not comprehend additional duties and functions required by the primary functions of the officials concerned who are to perform them in an ex-officio capacity as provided by law.

POWERS OF THE

PRESIDENT

1.) Executive Power2.) Power of Appointment3.) Power of Removal4.) Power of Control5.) Military Powers6.) Pardoning Power

7.) Borrowing Power8.) Diplomatic Power9.) Budgetary Power10.)Informing Power11.)Residual Power• Other Powers

Executive Power

• President shall have the control of all executive departments, bureaus, and offices. He shall ensure that laws are faithfull executed (Art. VII, Sec.17)

• Until and unless a law is declared unconstitutional, the President has a duty to execute it regardless of his doubts as to its validity(Faithful Execution Clause) (Cruz, Phil. Political Law)

Power of Appointment

• Selection by the authority vested with the power, of an individual who is to exercise the functions of a given office.

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

President• Midnight Appointment• Regular Presidential Appointment• Ad-Interim Appointment

Power of Appointment

• Appointments Requiring the consent of the Commission on Appointments(VII, Sec.16)• A.) Heads of executive

departments(except VP)• B.) Ambassadors and other

public ministers and consuls• C.) Officers of the AFP from

the rank of colonel or naval captain

• D.) Officers whose appointments are vested in him by the Constitution

Appointments without the need of CA Confirmation• Those vested by the

Constitution on the President alone

• Appointments that are not otherwise provided by law

• Those authorized by law to appoint

• Officers lower in rank whose appointment is vested by law in the President Alone

Procedure1.) Nomination by the President2.) Confirmation by the CA3.) Issuance of commission4.) Acceptance by the Appointee

1. Executive Secretary2. Secretary of Agrarian Reform3. Secretary of Agriculture4. Secretary of Budget and Management5. Secretary of Education6. Secretary of Energy7. Secretary of Environment and Natural Resources8. Secretary of Finance9. Secretary of Foreign Affairs10. Secretary of Health11. Secretary of Justice12. Secretary of Labor and Employment13. Secretary of National Defense14. Secretary of Public Works and Highways15. Secretary of Science and Technology

16. Secretary of Social Welfare and Development17. Secretary of the Interior and Local Government18. Secretary of Trade and Industry19. Secretary of Transportation and Communications20. Secretary of Tourism21. Commission on Higher Education21. Director General of the National Economic and Development Authority

Not all Cabinet members, however, are subject to confirmation of the Commission on Appointments. According to the Commission of Appointments website, the following need confirmation in order to assume their posts:

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 fill vacancies in the courts within the time frames provided.

• 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 or employment in order to induce anyone to vote for or against any candidate.

Issue: May the President make appointments to the judiciary (Art VIII, Sec. 4 and 9) during the period of the ban imposed by Sec.15

Sarmiento III v. Mison

Held:No. It is the clear and expressed intent of the framers of the 1987 Constitution that presidential appointments except those mentioned in the first sentence of Sec 16, ART VII, are NOT subject to confirmation by the COA.

Does the appointment of Mison as Commissioner of the Bureau of Customs require the confirmation of COA?

Calderon v Carale

Held:• No. Appointments as Chairman and members of

the NLRC does not require confirmation by COA. (falls w/in the second sentence of sec.16, those whom the President may be authorized by law to appoint)

• R.A. 6715 was declared unconstitutional for amending by legislation ART. VII Sec.16 in imposing the confirmation of COA on appointments which are otherwise entrusted only with the President.

Is confirmation by COA required for the appointments of Chairman and Commissioners of the NLRC?

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 or participation of the CoA

• Also, it cannot be impressed that the new appointment of Bautista was an ad interim. Ad interim appointments do not apply to appointments solely for the President to make.

• Appointments as Chairman and members of the Commission of Human Rights does not require confirmation by Commission on Appointment

Does COA have the authority to review the appointments made by the President to the Commission of Human Rights?

Quintos Deles v. Commission on Constitutional

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

the “other officers whose appointments are vested in him in the Constitution.

• Appointment as sectoral representative (during the transition period) in the House of Reps requires confirmation by CoA.

• Futhermore, Deles’ appointment was ad interim pursuant to Sec.16(2) ART VII. Implicit therefore is the recognition by the Pres. That Deles’ appointment requires confirmation by the COA.

Is confirmation by COA required for the appointment of sectoral reps to the House of Reps.

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 the Commission on Appointments.

• The police force is different from and independent of the armed forces and the ranks in the military are not similar to those in the Philippine National Police.  Thus, directors and chief superintendents of the PNP, such as the herein respondent police officers, do not fall under the first category of presidential appointees requiring the confirmation by the Commission on Appointments

Whether or not the appointment of the PNP officers who were promoted as Chief Superintendent and Directors w/o confirmation of the CA valid.

Power of Removal

• General Rule: This power is implied from the power to appoint(Cruz)• Exception – Those appointed by

him where the Constitution prescribes certain methods for separation from public service.

Power of Control

• Control – The power of an officer to alter, modify, nuillify, or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgement of the former for that of the latter.

• Supervision – Overseeing or the power or authority of an officer to see that subordinate officers perform their duties. If the latter fail or neglect to fulfill them, then the former may take such action or steps as prescribed by law to make them perform these duties.

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 that the rules are follower, but he himself does not lay down such rules, nor does he have the discretion to modify or replace them. If the rules are not observed, he may order the work done or re-done but only to conform with the prescribed rules.

Does sec.187 of the LGC give the Sec. of Justice the power of control and not merely of supervision?

YOU!

YOU ANSWER HIS QUESTION!

Doctrine of Qualified Political Agency or Alter Ego Principle

The multifarious executive and administrative functions of the Chief

Executive are performed by and through the executive departments. The acts of

the Secretaries of Executive departments xxx in the regular course of business or

unless dispproved xxx are presumptively the acts of the Chief Executive.

Villena vs Secretary of the Interior

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 expressly lodged unto the President under the Administrative Code.

• The acts of the department secretaries, performed and promulgated in the regular course of business, are, unless disapproved or reprobated by the President, presumptively the acts of the President.(Doctrine of Qualified Political Agency)

Does the Sec. of Interior have the authority to decree the suspension of Mayor Villena?

Lacson-Magallanes Co., Inc. V. Paño

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 his department secretaries.

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

• The rule is where the Exec. Sec. acts “by authority of the Pres.”, his decision is that of the president and only the President may rightfully disapprove or reprobate it and say that the Exec. Sec. is not authorized to do so.

May the executive secretary, acting by the authority of the President, reverse a decision of the Director of Lands affirmed by the Sec. of Agriculture and Natural Resources?

Military Powers

1.) Commander-in-Chief clause• To call out the Armed Forces to prevent or

suppress lawless violence, invasion or rebellion(whenever it becomes neccessary);

• Vested directly by the Constitution • Authority to declare a state of rebellion• Military Tribunals are simply instrumentalities

of the executive power provided by the legislature for the Commander-in-Chief to aid him in enforcing discipline in the armed forces.

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 extraordinary powers in times of emergency, but is also tasked with attending to the day-to-day problems of maintaining peace and order and ensuring domestic tranquility in times when no foreign foe appears on the horizon.

• Wide discretion, within the bounds of law, in fulfilling presidential duties in times of peace is not in any way diminished by the relative want of an emergency specified in the commander-in-chief provision.

Does the order of the Pres. for the joint patrol of PNP and the Marines unconstitutional?

Guanzon v De Villa

Held:• NO! The President may NOT order police actions

violative 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 stop criminality, lawlessness, and alarming communist activities; all police actions are governed by the limitations of the Bill of Rights.

May the police conduct such drives in violation of human rights under the pretext of Sec.18(preventing or suppressing lawless violence, invasion or rebellion)

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 executive power provided by Congress for the President as Commander-in-Chief. Their only object: to aid the President in 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 93rd Article of War contravenes Art. VIII Sec.2(4) having no review made by the SC.

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 time and place xxx the object of which is the liberation of those who may be in prison without sufficient cause.

– Ground for suspension: invasion, rebellion, when public safety 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.

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

tried by military courts if the civil courts are open and functioning)

– Automatically suspend the writ of Habeas Corpus

Olaguer v. Military Commission No.34

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

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

• Judicial power cannot be the function of the Executive Department through the military authorities

• Whether or not martial law has been proclaimed throughout the country or over a part thereof, military commissions or tribunals have no jurisdiction to try civilians for alleged offense when the civil courts are open and functioning.

Do Military Commissions have jurisdiction to try civilians for offenses allegedly committed during martial law when civil courts are open and functioning?

Military Powers

Constitutional Limitations of Martial LaWAnd the suspension of privilege of Habeas Corpus:• Not more than 60 days, unless extended by

congress• 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 or suspension:I. By the President himselfII. Revocation by CongressIII. Nullification by the Supreme CourtIV. By operation of law after 60 days

Pardoning Power(Sec.19)

Pardon- Act of grace which exempts individual from punishment which the law inflicts.As to effect:a.)Plenary or b.)PartialAs to presence of condition:a.)Conditional Pardon or b.)Absolute Pardon

Torres v Gonzales

Held:• No. Conviction by final judgment is not necessary to

recommit a conditional pardonee alleged to have breach his condition. The terms and conditions of a conditional pardon are purely executive acts which are not subject to judicial scrutiny. Due process of law would NOT be violated.

Is due process clause violated in recommitting a conditional pardonee without having been convicted by final judgement?

Monsanto v Factoran Jr.

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

have abandoned her appeal; and her unreversed conviction by 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 the moral stain;

• cannot preempt the appointing power although it restores eligibility.

Is a convicted public officer who has been granted an absolute pardon by the President entitled to reinstatement without the need of a new appointment?

People v. Salle, Jr.

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

“conviction by final judgment” limitation mandates that no pardon may be extended before a judgment of conviction becomes final.

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

• In the present case, the conditional pardon granted to the petitioner-appellant shall be deemed to take effect only upon the grant of withdrawal of his appeal.

May a pardon be enforced while appeal is pending?

Garcia v. Chairman, Commission on Audit

Held:• Yes. If the pardon is based on the innocence of the

individual, it affirms this innocence and makes him a new man and as innocent as if he had not been found guilty of the offense charged thereby restoring to him his clean name xxx prior to the finding of guilt.

• The executive clemency, ipso facto, reinstated him and that automatic reinstatement also entitles him to back wages.

Is Garcia entitled to back wages having been granted executive clemency based on his innocence?

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 back wages.

• Such right is only afforded to those who have been illegally dismissed and were thus ordered reinstated or to those otherwise acquitted of the charge against them.

Is Sabello entitled to back wages having been granted absolute pardon?

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(not including the judicial and legislative)

• Administrative cases are clearly less serious than criminal offenses.

• Evident also from the intent of the Constitutional Commission that that the President’s executive clemency powers may not be limited in terms of coverage except as provided in the Constitution.

Does the President have the power to grant executive clemency in administrative cases?

Pardoning Power(Sec.19)

Amnesty – A general pardon to rebels for their treason or political offence; it so overlooks and obliterates the offnse with which he is charged.Person released by amnest stands before the law precisely as though he had committed no offense.

Other forms of executive clemency:

• Commutation – reduction or mitigation of penalty• Reprieve – postponement of sentence or stay of

execution• Parole – release from imprisonment, but without

full restoration of liberty(in custody of law although not in confinement

• Remission of fines and forfeiture – Prevents the collection of fines and confiscation of forfeited property; cannot affect rights of third party and money already in the treasury.

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 every quarter.

Diplomatic Power(sec.21)

• No treaty or international agreement shall be valid and effective unless concurred in by atleast 2/3 of all the Members of the Senate

• The power to ratify is vested in the President, subject to the concurrence of the Senate.

Other foreign affairs powers:a.) power to make treatiesb.) the power to appoint ambassadors, public ministers, and consulsc.) power to receive ambassadors and other public ministersd.) Deportation Power

Commissioner of Customs v. Eastern Sea Trading

Held:• No. The concurrence of the Senate is required by our

Constitution in the making of “treaties”, which are, however, distinct and different from “executive agreements”

• Executive agreements may be validly entered into and become binding through executive actions without such concurrence.

Is the concurrence of the Senate required before entering international “executive agreements”?

Budgetary Power

• Within 30 days from the opening of every regular session, President shall submit to Congress a budget or expenditures and sources of financing, including receipts from existing and proposed revenue measure.

• Congress may not increase the appropriation recommended by the President for the operation of the Government as specified in the budget.

Informing Power

• The President shall address Congress at the opening of its regular session. He may also appear before it at any other time.

• The information may be needed for the basis of legislation(Cruz)

• The President usally discharges the informing power through what is known as the State of the Nation Address

Marcos v. Maglapus

Held:The powers of the President cannot be said to

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

Residual unstated powers of the President are implicit in and correlative to the paramount duty residing in that office to safeguard and protect general welfare.

The President xxx has unstated residual power xx which are necessary for her to comply with her duties.

Residual Power

Other Powers

a.) Call to Congress to a special sessionb.) Approve or veto billsc.) Deport Aliensd.) Consent to deputization of government personnel by COMELEC and discipline theme.) Exercise emergency(war, law, limited, necessary) and Tariff powersf.) Power to classify or reclassify lands