2. MELC
At the end of session, you should be able to:
◼ defined the executive branch of the government;
◼ identify the qualifications and terms to become the
Philippine president;
◼ enumerate and explain the roles and powers of the
president of the Republic of the Philippines;
Objectives
• Analyze the roles and power of the executive
branch of the government
3. Coverage
1
• C0ncept and nature of Executive Branch
2
• Composition, Structure, Qualification
and Terms
3
• Power of the Philippine executive Branch
according to the 1987 Constitution.
4. What is the Executive Branch of the
Government?
-The Executive Branch in charged
the execution and administration
of a country’s laws In general, this
branch sets the direction of
national policy.
-The rule of Executive is to enforce
and administer the laws of state
-The executive power is vested in
the President of the Philippines
(Art. VII, Sec. 1)
5. What are the Structure under
Executive Branch of the Government
President Vice President Cabinet Secretary
6. Qualifications of the President and
Vice President
CATEGORY REQUIREMENT
CITIZENSHIP Natural-born Citizen
VOTER STATUS Registered Voter
MINIMUM EDUCATION Able to read and write
AGE At least 40 years on the day of election
RESIDENCY At least 10 years immediately
preceding the presidential election
8. Why President is a vital position in
the governing state.
-
The following are the powers of the President of the
Republic of the Philippines:
1. Administrative Powers
2. Power of Appointment
3. Military Powers
4. Pardoning Powers
5. Powers to Contract and Guarantee Foreign Loans
on Behalf of the Republic of the Philippines (Article
VII, Section 20, 1987 Philippine Constitution)
6. Budgetary Powers
9. A. Administrative Powers
◼The President has the power of control over
the executive departments of the
government and supervisory powers over all
local government units (LGUs) such that of
the province, city, municipality and barangay.
Powers of the Philippine President
10. B. Power of Appointment
◼ Article VII, Section 16 of the 1987 Constitution grants
the President with the power to appoint officials of
various government.
◼ The heads of the executive departments,
ambassadors, other public ministers and consuls, or
officers of the armed forces from the rank of colonel
and naval captain, regular members of the Judicial
and Bar Council, chairmen and members of the
constitutional commissions are appointed by the
President and confirmed by the Philippine Congress.
The President also appoints, without legislative
confirmation, the members of the commissioners of
the Constitutional Commissions.
Powers of the Philippine President
11. C. Military Powers
-Powers of the President as Commander-in-Chief
includes the power to:
◼ call out the armed forces to prevent or suppress
lawless violence, invasion, or rebellion; and
◼ create military tribunals to try persons who violate
military laws or commit crimes against national
security.
◼ Power to suspend writ of habeas corpus under the
following necessary conditions:
◼ There must be invasion or rebellion; and
◼ The public safety must require the suspension. Power
to declare Martial Law during invasion or rebellion.
Powers of the Philippine President
12. D. Pardoning Powers
Under Article VII, Section 19 of the 1987 Constitution,
the President has the power to grant reprieves,
commutations and pardons and remit fines and
forfeitures, after conviction by final judgment. The
pardoning powers of the President include the
following:
1. Reprieve. It is the postponement of the execution of a
death sentence to a certain date.
2. Suspension. This refers to the postponement of an
execution of death to an indefinite time. It can be
performed on the next day, week or month depending
on the order of the President.
Powers of the Philippine President
13. Pardoning Powers
3. Commutation. This refers to the reduction of sentence imposed to
a lesser punishment, as from death penalty to life imprisonment. It
can be granted without the acceptance and even against the will of
the prisoner.
4.Pardon. This is an act of grace proceeding from the power
entrusted with the execution of the laws which exempts the
individual on whom it is bestowed, from the punishment the law
inflicts from a crime he has committed (De Leon vs. Director of
Prisons, 31 Phil. 60).
Two Kinds of Pardon:
▪ Absolute. When pardon is not subject to any condition whatsoever. It
becomes effective when made.
◼
▪ Conditional. When it is given subject to any condition or qualification
the President may see fit. It must be accepted by the prisoner to
become effective.
Powers of the Philippine President
14. Distinctions between Amnesty and
Pardon
AMNESTY PARDON
1. political offenses 1. infractions of peace
2. groups (classes) of persons 2. individuals
3. requires concurrence of Congress 3. does not require concurrence of Congress
4. public act to which court may take
judicial notice of
4. private act which must be pleaded and proved
5. looks backward and
puts to oblivion the offense
itself
5. looks forward and relieves the pardonee of the
consequences of the offense
6. must acknowledge the commission of the
crime
6. must have been convicted of the offense with
finality
15. Pardon distinguished from
Amnesty
◼Parole. This is a process in which the prisoner
is released from imprisonment, but without
full restoration of liberty as a parolee is still in
the custody of the law.
◼Remission of fines and forfeitures. The
president can remit fines and forfeitures for
an offenses after final conviction. This
prevents collection of fines or the
confiscation of forfeited property of the
convict.
Powers of the Philippine President
16. -The President can contract or guarantee loans with
multilateral institutions like the World Bank and
International Monetary Fund (IMF) or other regional
banks. But this needs the concurrence of the Monetary
Board of the Central Bank.
Powers of the Philippine President
E. Powers to Contract and Guarantee Foreign
Loans on Behalf of the Republic of the Philippines
17. Budgetary Powers
The President is authorized by the Constitution to
prepare the budget of receipts and expenditures
based on existing and proposed revenue measures
and other resources of financing and to submit it to
Congress within 30 days from the opening of each
regular session. This can become the basis of the
general appropriations act to be enacted by Congress
for the next fiscal year.
