Executive Department and Presidential Powers (Philippine Constitution)

20 flashcards for reviewing the Executive Department and Presidential powers based on the notes.

Who holds the executive power under Article VII, Section 1 of the 1987 Philippine Constitution?

The President of the Philippines.

How is the 'executive power' defined in the notes?

The power to enforce and administer the laws, carrying them into practical operation and ensuring observance.

List the qualifications for the President as stated in the notes.

Natural-born citizen; registered voter; able to read and write; at least 40 years old on election day; resident of the Philippines for at least 10 years immediately preceding the election.

How many powers of the President are listed in the notes, and can you name at least three?

Nine powers: appointing power, removal power, control power, military power, pardoning power, borrowing power, budgetary power, informing power, and other powers.

What is the 'appointing power' as defined in the notes?

The selection by the authority vested with the power of an individual who is to exercise the functions of a given office.

What does 'designation' mean in this context, and give an example?

The imposition of additional duties, usually by law, on a person already in public service. Example: Chairman of the Board of Investments designated as a member of the National Economic and Development Authority.

What are the two kinds of appointments?

Regular appointments (made during sessions of Congress) and Ad interim appointments (made during a recess of Congress).

Who are subject to the President's appointing power?

Heads of the executive departments; Ambassadors and other public ministers and consuls; Officers of the armed forces from colonel or naval captain; Officers whose appointments are vested in him by the Constitution; Other officers not provided for by law; Those authorized by law to appoint.

What is the 'removal power' and is it expressly granted by the Constitution?

The ouster of an incumbent before the end of their term; it is not expressly granted but implied.

From where is the removal power implied?

From the power to appoint; the nature of the executive power; the duty to execute laws; control of departments; and civil service protections.

What is the 'control power' of the President?

Control of all executive departments, bureaus, and offices to ensure laws are faithfully executed.

What does the 'control power' allow regarding subordinates?

To alter, modify, or substitute the President’s judgment for a subordinate’s when necessary.

What are the two factors that strengthen the President's appointment and removal powers?

1) Power of appointment to choose competent and trusted individuals; 2) Power of removal implied in appointment to weed out incompetence or dishonesty.

What is the 'military power' of the President?

To command all armed forces, suspend the writ of habeas corpus, and declare martial law.

Define the writ of habeas corpus and when it can be suspended.

A court order requiring a detaining authority to produce the detainee and justify the detention; suspension is allowed only in cases of invasion or rebellion when public safety requires it.

List key limits on the President’s military powers regarding habeas corpus and martial law.

Suspension/duration up to 60 days (may be extended by Congress); must report to Congress within 48 hours; Congress can revoke; Supreme Court review; martial law does not automatically suspend the constitution; suspension applies to those charged with rebellion or related offenses; detainees must be charged within 3 days or released.

What is the 'pardoning power' and what section covers it?

The President’s power to grant reprieves, commutations, pardons, and remit fines/forfeitures after final conviction; amnesty with majority congressional concurrence; covered in Section 19.

What is a pardon, as defined in the notes?

An act of grace exempting the offender from punishment for the crime.

What is a commutation?

A reduction or mitigation of the penalty.

What is a reprieve?

Postponement of a sentence to a specified date or a stay of execution.

What are the constitutional limitations on the pardoning power?

No pardon in cases of impeachment; no pardon for election-law violations without favorable recommendation of the Commission on Elections; pardon granted only after final conviction.

What are the two kinds of pardons?

Absolute pardon (no conditions) and Conditional pardon (subject to conditions and accepted by the offender).

What are the effects of a pardon?

Removes penalties and restores civil and political rights; does not discharge civil liability to victims; does not automatically restore offices or rights unless explicitly stated.

What is Amnesty?

An act granting oblivion of past offenses, usually for political crimes, often granted to a class of persons.

What is the 'Borrowing Power' (Section 20)?

The President may contract or guarantee foreign loans with prior concurrence of the Monetary Board; loans must be reported to Congress quarterly.

What is the role of the Monetary Board in foreign loans?

Provide concurrence and quarterly reports to Congress on loan decisions.

What is the 'Diplomatic Power' regarding treaties?

No treaty or international agreement is valid unless concurred by at least two-thirds of all Senate members.

What is a treaty?

A contract between two or more states or international organizations creating binding rights and obligations.

What is the 'Budgetary Power' of the President?

To submit to Congress within 30 days from opening of each regular session a budget of expenditures and sources of financing for the general appropriations bill.

List other powers of the President mentioned in the notes.

Call Congress to a special session; approve or veto bills; consent to deputization by the Commission on Elections; discipline deputies; delegation of emergency and tariff powers.

What are the two kinds of appointments again and when are they made?

Regular appointments during sessions of Congress and Ad interim appointments during a congressional recess.

Who holds the executive power under Article VII of the 1987 Philippine Constitution?

The President of the Philippines.

What is the executive power?

The power to enforce and administer the laws; carrying them into practical operation and enforcing observance.

Name one qualification of the President.

Natural-born citizen.

Name another qualification of the President.

A registered voter.

Name a third qualification of the President.

Able to read and write.

What is the minimum age requirement for the President?

At least 40 years of age on the day of the election.

How long must the President be a resident prior to election?

At least 10 years immediately preceding the election.

Name one of the powers of the President.

The Appointing power.

Name another power of the President.

The Removal power.

Name another power of the President.

The Control power.

Name another power of the President.

The Military power.

Name another power of the President.

The Pardoning power.

Name another power of the President.

The Borrowing power.

Name another power of the President.

The Budgetary power.

Name another power of the President.

The Informing power.

Name another power of the President.

Other powers (as provided by law or Constitution).

What is the Appointing Power?

The selection by the authority vested with the power of an individual who is to exercise the functions of a given office.

What is designation?

The imposition of additional duties, usually by law, on a person already in the public service.

What are the two kinds of appointments?

Regular appointments (during sessions of Congress) and Ad interim appointments (during a recess of Congress).

Name the six categories of officials subject to the President's appointing power.

1) Heads of the executive departments; 2) Ambassadors, public ministers and consuls; 3) Officers of the armed forces from the rank of colonel or naval captain; 4) Officers whose appointments are vested in him by the Constitution; 5) All other officers not provided for by law; 6) Those whom he may be authorized by law to appoint.