The Executive Department

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Constitution

Transcript of The Executive Department

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  • Executive Power : vested in the PresidentPresident:Qualifications:1. natural born citizen;2. registered voter;3. able to read and write;4. at least 40 years old;5. resident of the Philippines for at least 10 years immediately preceding the election .

  • Elected at large by direct vote.Canvassing Board: Congress.Electoral Tribunal: supreme Court.Term of Office: 6 years no re-election and one who has succeeded as President and has serve as such for more than four years is not qualified for the same office at any time.Manner of removal: only by impeachment.Salary: determined by law and cannot be increased during his term.

  • Vice President:Qualification, election, term of office and manner of removal: same as presidentNo VP shall serve for more than two consecutive termsVP may be appointed as member of the Cabinet: need not be confirmedIn case of vacancy- the president shall nominate a vice president from among members of the Senate and the House of representatives need confirmation by a majority vote of all members of both House of congress voting separately.

  • Rules of Succession:President dies/ permanently disabled: VP- elect becomes president.

    President elect fails to qualify/President not yet chosen: VP- elect in acting capacity until a president is chosen or qualifies.

  • President/ Vice-President not chosen nor shall have qualified of both died or become permanently disabled: Senate President or incase of his inability,Speaker of the House in acting capacity until a President shall have been chosen and qualified.

  • In the event of inability of the above officials, Congress, by law provides for the manner in which one who is to act as a President shall be selected until a President /Vice president shall have been chosen and qualified.

  • Presidential Power:1. Executive Power- power to enforce and administer laws

    2. Power of Appointment (Section 16-a)permanent or temporary; b.)regular or interim

  • Appointing Procedure:Nomination by the President;Confirmation by the commission on appointments;Issuance of the commission;Acceptance by appointee- deemed complete upon acceptance of the appointee.

  • Limitation on Appointing Power:a. Appointment made by an acting president shall remain effective unless revoke within 90days from assumption of office by elected president:

  • b. President or acting President shall not make appointments except temporary once to executive positions two months immediately before next Presidential election and up to the end of his term. Only when continued vacancy will prejudice public service or endanger public safety.

  • 3. Power of removal- power is implied from the power to appoint-exception: those appointed by him where the constitution prescribes certain methods for separation for public service

  • 4. Power of Control-Power of an officer to alter, nullify, or set aside what a substitute had done in the performance of his duties and to substitute his judgment to that of the former .

  • -Doctrine of a Qualified Political Agency or Alter-Ego Principle: acts of the secretaries of executive Department when perform and promulgate in the regular course of business or unless disapproved or reprobated by the Chief Executive are presumptively the acts of the chief executive.

  • 5. Military Powersa. Commanderin-chief Clause.-to call out the Armed Forces to prevent or suppress lawless violence; invasion or rebellion-organize court martial and create military commissions

  • b. Suspension of the Writ of Habeas Corpus and Declaration of Martial Law grounds: invasion or rebellion.

  • 6. Pardoning Power-Pardon: act of grace which exempts an individual on whom it is bestowed from punishment which the law inflict for a crime he has committed.-Commutation: reduction of mitigation of penalty.Reprieve: postponement of sentence or stay of execution.-Parole: release from imprisonment, but without full restoration of liberty, as a parolee is in the custody of the law although not in confinement.

  • - Amnesty : act of grace concurred in by legislature usually intended to groups of person who committed political offenses and puts to oblivion the offence itself. - Exercise by the president is discretionary and may not be controlled by the legislature or reversed by the court unless there is a constitutional violation.

  • Limitations:Cannot be granted in cases of impeachment;Cannot be granted in violations of election laws without favorable recommendation of the Comelec;Can be granted only after conviction by final judgment(except amnesty);Cannot be granted in cases of the legislative contempt or civil contempt;Cannot be absolved civil liability;Cannot restore public office forfeited.

  • 7. Borrowing PowerThe President may contract or guarantee loans on behalf o the Republic with the concurrence of the Monetary Board, subject to such limitations as may be provided by law.Monetary Board shall submit to congress report on loans within 30 days from end of every quarter.

  • 8.Diplomatic Power-no treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of the Senate.

  • 9. Budget Power-within 30 days from opening of every regular session, President shall submit to congress a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

  • 10. Informing Power-President shall address congress at the opening of its regular session. He may appear before it ay any other time.

  • 11. Residual Power-whatever is not judicial, whatever is not legislative, is residual power exercised by the President.

  • 12. Other PowersCall congress to special sessionPower to approve or veto billsPower to deport aliensConsent to deputization of government personnel by COMELEC;Discipline such deputies;By delegation from congress, exercise emergency powers and tariff powers;General supervision over local government units and autonomous regional government

  • Article VII. The Executive DepartmentSection I. The executive power shall be vested in the President of the Philippines.

  • 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 40 years of age on the day of election, and a resident of the Philippines for at least 10 years immediately preceding such election .

  • Section 3.There shall be a vice president who shall have the same qualifications on the 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 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 6 years thereafter . The president shall not be eligible for any reelection. No person who has succeeded as president and has served as such for more than four years shall be quali8fied for election to the same office at any time.

  • Section 5.Before they enter the execution of their office, the President, Vice-President , or the acting President shall take the following oath or affirmation: I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice- President or acting president ) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate my self to the service of the Nation. So help me God. (In case of affirmation, last sentence will be omitted.)

  • Section 6.The president shall have an official residence. The salaries of the president and the vice-President shall be determine by law and shall not be decreased during their tenure. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument from the government or any other source.

  • Section 7.The President-elect and the Vice-President elect shall assume office at the beginning of their term.If the President elect fails to qualify, the Vice- President elect shall as president until the president elect shall have qualified.

  • 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 unexpiredterm.

  • 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 the office upon a confirmation by a majority vote of all members of both House of the Congress, voting separately.

  • Section 10.The congress shall, at ten oclock in the morning of the third day after the vacancy of the offices of the president and the 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 45 days nor later than 60 days from the time of such call.

  • Section 11.Whenever the President transmits to the president of the senate and Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration on the contrary, such powers and duties shall be discharged by the Vice President as acting President.

  • Section 12.In case of serious illness of the President, the republic shall be informed of the senate of his health. The members of the cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the president during such illness.

  • Section 13. The President, the Vice President, the members of cabinet, and other deputies or assistants shall not, unless otherwise provided in this constitution, hold any other office or employment during their tenure.

  • Section14.appointment extended by an acting President shall remain effective, unless revoked by the elected president within 90 days from his assumption or re-assumption o office.

  • Section 15.Two months immediately before the next presidential elections and up to the end of his term, a president or acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.

  • Section 16. The President shall nominate and, with the consent of the Commission of 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.

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

  • 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 support lawless violence, invasion or rebellion.

  • Section 19.Except in case of impeachment, or as otherwise provided in the constitution, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment.

  • Section 20.The president may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the power 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-third of all the members of the Senate.

  • Section 22. The president shall submit to the congress within 30 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.The President deliver the State of the nation address (SONA) message where he recommends measures for legislative action and gives guidelines of nation policy.

  • PREPARE FOR A QUIZ. . .

  • Modified True or FalseDirection: Write the word true if the statement is correct, and if it is incorrect change the word/s that makes the statement incorrect.___1. Executive power is the power to enforce and administer laws.___2. Within 4o days from opening of every regular session, President shall submit to congress a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measure.

  • ___3. Pardon is an act of grace concurred in by legislature usually intended to group of persons who committed political offences and puts to oblivion the offense itself.___4. Vice-President is able to serve for more than two consecutive terms like President.___5. Pardoning power of the President can be granted only after conviction by final judgment (except amnesty).

  • II. Classify the following sentences according to power exercise by the President. __1. Nomination by the President.__2. Appointed by President where the Constitution prescribes certain methods for separation from public service.__3. Calling out the Armed Forces to prevent or suppress ;lawless violence.

  • __4. Postponement of sentence or stay of execution.__5. Monetary board shall submit to Congress report on loans within 30 days from end of every quarter.__6. Whatever is not judicial, whatever is not legislative is the power exercised by the President.__7. Power to Approve or veto bills

  • __8. Reduction or mitigation of penalty.__9. Power to deport aliens.__10 Monetary board shall submit to congress report on loans within 30 days from end of every quarter.III. Enumeration Give five qualifications of the President of the Republic of the Philippines.

  • Article VI-Legislative DepartmentSection I. The legislative power shall be vested in the congress of the Philippines w/c shall consist of the senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

  • Legislative power is the power to propose, enact, amend,and repeal laws.Initiative is the power reserved by the people directly propose amendments to the constitution and /or enact laws on the national or local level.

  • 3. Plebiscite the process by which an amendment or revision of the Constitution is approved or disapproved by the people.Referendum refers to the process by which the people approve or disapprove any act or law or part thereof submitted to them by congress or local legislative body for approval or disapproval.

  • 3. Thus the power of initiative/ referendum can be exercised in three levels(ways):-Initiative in the Constitution;-Initiative on statutes, which refer to the power of the people to propose national legislation;-Initiative national legislation: regional, provincial city, municipal or barangay ordinances/resolution.

  • 4. Limitation on the power of initiative and referendum:-No petition embracing more than one subject shall be submitted to the electorate to prevent fraud and confusion. -Statutes involving emergency measure since these are vested in congress by they Constitution itself, until (90) days after their affectivity.

  • 5. Requisites for local Initiave: -Not less than 2,000 registered voters in case of autonomous regions;-1,000 in case of provinces and cities;-100 in case of municipalities;-50 in case of barangays, may file a petition with the regional assembly or local legislative body respectively proposing the adoption, enactment, repeal or amendment of any law, ordinance or resolution.(Sec. 13,R.A. 6735)

  • 6. Limitation on Local Initiative:-The power of initiative shall not be exercise more than once a year;-Initiative shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact;-If at any time before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative shall be cancelled

  • 7. Limitation upon Sangunians.Any proposition or ordinance approved through the system of initiative and referendum as herein provided shall not be repealed modified or amended by the Sangunian concerned within six (6) Mos. from the date of the approval thereof, and may be amended ,modified of repealed by the Sangunian within three years by a vote of 3/4of all its members

  • 8. Nature and scope of Legislative Power.a. Delegated and Derived.In a republican state, sovereignty resides in the people and all the government authority emanate from them. Thus original legislative power belongs to the people.

  • b. Plenary or general.congress may legislate on any subject matter unless the Constitution itself limits the subject matter on which it may legislate. Since congress is authorized to amend or repeal laws, it can not pass irrepelable laws, otherwise its power will cease to be plenary.

  • c. Implied Powers Included.This means that powers needed for the effective exercise of its Constitutionally granted powers are impliedly granted as well.

  • d. Generally non-delegable except those that are expressly authorized by the constitution to be delegable. Congress may delegate its legislative powers in the following cases:-To the President under the following circumstances:-Times of emergency;-Times of war;-In ordinary times as regards tariff, wharfage; etc.

  • -To the local Government Units;-Administrative Bodies.9. Congress has Non-Legislative FunctionsIt exercises non-legislative functions w/c are the following:a. Constituent- could transform, propose amendment/revision of the constitution.

  • b. Electoral functionc. Executive functions.e.g. It takes part in the treaty making-process.d. Judicial.e.g. It can Impeach the president and all impeachable officials.e. Investigative. Has full power to investigate, to summon witness, and to compel the production of books, records, etc.

  • Section 2.The senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

  • Section 3.No person shall be s senator unless he is a natural-born citizen of the Philippines, and, on the day of election, is at least thirty-five tears of age, able to read and write, a registered voter ,and a resident of the Philippines for not less than two years immediately proceeding the day of the election.

  • Section 4.The term of office of the senators shall be six years and shall commence, unless otherwise provided by the law, at noon at the thirtieth day of June next following their election.No Senator shall serve for more than two consecutive terms.

  • Section 5.(1) The House of Representatives shall be composed of not more than two hundred and fifty members .(2) The party-list representatives shall constitute twenty percentum of the total number of representatives including those in the party list.

  • (3)Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province shall have at lest one representative .

  • (4) Within three years following the return of every census, the congress shall make a reappointment of legislative districts based on the standard provided in this section.

  • Section 6No person shall be a Member of House Representatives unless he is a natural-born citizen of the Philippines and, on the day of election , is at least twenty-five years of age, able to read and write, and except the party-list representatives, a registered voter in district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.

  • Definition of TermsA party means either a political or a sectoral party or a coalition of parties.A political party is an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and support certain of its leaders and members as candidates for public office.

  • Sectoral party refers to an organized group of citizen belonging to any of the following sectors: labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers and professionals, whose principal advocacy pertains to the special interest and concerns of their sectors.

  • It is national party when its consistency is spread over the geographical territory of at least a majority of the regions.

    It is a regional party when its constituency is spread over the geographical territory of at least majority of the cities and provinces comprising the region.

  • Sectoral organization refers to a group of citizens or coalition of groups of citizens who share similar physical attributes or characteristics, employment, interest or concern.A coalition refers to an aggrupation of duly registered national, regional, sectoral, parties or organizations for political and/ or election purposes.

  • Section 7.The member of house representatives shall be elected for a term of three years which shall begin ,unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

  • Section 8.Unless otherwise provided by law, the regular election of the senators and the members of the House of Representatives shall be held on the second Monday of May.

  • Section 9.In case of vacancy in the Senate or in House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the senator or member o House Representatives thus elected shall serve only for the unexpired term.

  • Section 10The salaries of the Senators and Members of Representatives shall be determined by the law. No increased in said compensation shall take effect until after the expiration of the full term of all the Members of Senate and the House of representatives approving such increase.

  • Section 11.A senator or House of representatives shall, in all offences punishable by not more than six years imprisonment, be privileged from arrest while the congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the congress or in any committee thereof.

  • Section 12.All member of senate and House Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict or interest that may arise from he filing of a proposal legislation of w/c they are author.

  • Section 13.No senator or member of the House Representatives may hold any other office or employment in the government, or any subdivisions, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall be appointed to any office which may have been created or the emoluments thereof increased during the term for w/c he was elected.

  • Section 14No senator or member of Hose representatives may personally appear as counsel before any court of justice or before the Electoral, Tribunals or quasi-judicial and other administrative bodies.

  • Section 15The congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time.

  • Section 16(1.) The Senate shall elect its president and the House of Representatives its Speaker, by a majority vote of all its respective Members.(2.) a majority of its House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such house may provide.

  • 3. Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and with the concurrence of two-thirds of all its members, suspend or expel a member. A penalty of suspension, when imposed, shall not exceed sixty days.

  • (4.) Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such part as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the journal.

  • (5.) Neither House during the sessions of the congress shall without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

  • Section 17.The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contest relating to the election, returns, and qualifications of their respective members.

  • Section 18.There shall be a commission on Appointments consisting of the president of the Senate, as ex officio Chairman, twelve Senators and twelve Members of House Representative from the political parties and parties or organizations registered under the party-list system represented therein.

  • Section 19.The Electoral Tribunals and the Commission and Appointments shall be constituted within thirty days after the Senate and House of representatives shall have been organized with the election of the president and the speaker.

  • Section 20.The records and books of the accounts of the congress shall be preserved and be open to the public in accordance with law, and such book shall be audited by the Commission on Audit which shall publish annually an itemized list of amount paid to an expenses incurred by each member.

  • Section 21.The senate or House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.

  • Section 22.The head of departments may upon their own initiative, with the consent of the president, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments . Written questions shall be submitted to the president of the senate or the speaker of the House of Representatives at least three days before their scheduled appearance.

  • Section 23.(1) The congress by a vote of 2/3 of both house in joint session assembled, voting separately, shall have the sole power to declare the existence of the state of war.

  • (2) In time of war or other national emergency, the congress may, by law, authorize the president, for a limited period and subject to such restrictions as it may prescribe, to exercise power necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the congress, such powers shall seas upon the next adjournment thereof

  • Section 24.All appropriation, revenue or tariff bills, bills authorizing increase the public debt, bill of the local application, and private bills shall originate exclusively in House representatives, but the Senate may propose or concur with amendments.

  • Kinds of AppropriationAnnual or general appropriation- The set aside the general expenses for the general operation of the government of the given year it is also known as budget.Special or supplemental appropriation- all other operations not contained in the budget are called special or supplemental appropriations.

  • 3. Special appropriations- They set aside a definite sum of money for the payment of a particular expense (e.g. for the relief of victims of natural calamites)4. Continuing Appropriations- They provide a name amount of money which,when it is not exhausted at the end of the fiscal year, is autonomically appropriated for the next year.

  • Kinds of Billsa.) Tariff bills-is one which imposes custom duties for revenue purposes.

    b.) Bill authorizing increase of the public debt- bill that enable the government to issue bonds and other forms of indebtedness which will be paid from public funds later on.

  • c.) Bill of local application- a bill that affects purely local or municipal concern like a bill creating a municipality or a city.

    d.) Private bill- A bill that affects purely private interest, such a bill granting a franchise to a private person or entity, or one granting citizenship to a person, etc.

  • Section 25.(1)The congress may not increase the appropriation recommended by the President for the operation of the government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.

  • (2) No provision or enactment shall be embraced in the general appropriation bill unless it relates specifically to some particularly appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which relates.

  • (3) The procedure in approving appropriations for the congress shall be strictly follow the procedure for approving appropriation for other department and agencies.

  • (4.) A special appropriations bill shall specify the purpose for which it intended, and shall be supported by funds actually available as certified by the national treasurer, or to be raised by a corresponding revenue proposal therein.

  • (5) No law shall be passed authorizing any transfer of appropriations; however the president, the president of the Senate, the speaker of the House representatives, the Chief Justice of the Supreme court and the heads of Constitutional Commission may by law, be authorized to augment any item in the general appropriations law for the respective offices from saving in other items of their respective appropriations.

  • Section 21.

  • Section 21.