POL101 THE PRESIDENCY

THE PRESIDENCY — Reviewer Outline

The 1987 Constitution simply requires a candidate to be:

• • A natural-born citizen

  • A registered voter

  • Able to read and write

  • At least 40 years old on election day

  • A resident of the Philippines for at least 10 years immediately before the election

Running for President

• Running for president is a different story altogether.

• It entails a lot of money: at least 3 billion pesos, according to campaign managers.

Powers of the President

The President is:

• Chief Executive

• Head of State

• Commander in chief of the armed forces of the Republic of the Philippines

Powers of the President (Detailed)

• To appoint the heads of the executive departments, ambassadors, other public ministers and consul, or officers of the armed forces from the rank of colonel and naval captain, and other officers whose appointments are vested in him the Constitution

• To approve the appointments of the members of the judiciary

• To control the executive department, bureaus and offices and ensure the laws are faithfully executed

• To act as commander in chief of all armed forces of the Philippines and call out such armed forces to prevent and suppress lawless of violence, invasion or rebellion

• To suspend the writ of habeas corpus or place the country or any part of it under the martial law for a period not exceeding 60 days in case of invasion or rebellion, when the public safety requires it

• To grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment, except in cases of impeachment

• To grant amnesty

• To contract or guarantee foreign loans

• To veto enactments and call special session of Congress

• To direct the solicitor general to institute expropriation proceedings in courts or reversion proceedings over property transferred to persons disqualified under the Constitution from acquiring land

• To reserve any land of the public domain for settlement or public sale, as well as stop the sale of any land belonging to the government’s private domain or any friar land.

• To direct the solicitor general to institute proceedings to recover the ill-gotten wealth of government officials and employees

• To deport foreigners or change the status of non-immigrants

What the President Cannot Do

• The President, Vice President, members of the Cabinet, and their deputies or assistants cannot hold any other office or employment during their tenure.

• They cannot directly or indirectly, practice any other profession, participate in any business, or be financially interested in any with or any franchise or special privilege granted by the government.

• They must strictly avoid conflict of interest in the conduct of their office.

• The President, Vice President, members of the Cabinet and other affected officials cannot divest his or her shareholdings or interests to his or her spouse and relatives with fourth civil degree or consanguinity or affinity. Divestment must be within 60 days of assumption office.

• The president cannot appoint his or her spouse and relatives by consanguinity or affinity within the fourth civil degree as members of the Constitutional Commissions or the office of the Ombudsman, or as secretaries, undersecretaries, chairmen, or heads of bureaus or offices, including government-owned or controlled corporations during his or her tenure.

• The president or acting President cannot make appointments two months immediately before the next presidential elections and up to executive positions in which continued vacancies will prejudice public service or endanger public safety

Official Residence

• The official residence for the Philippine presidents is the Malacañang Palace on the north bank of the Pasig River.

• Originally built as a villa in the late 18th century, the palace is now a part of a sprawling government complex on J.P. Laurel and Arlegui Streets in Manila.

• It includes several offices directly under the Office of the President like those of the executive secretary and press secretary, and the Department of Budget and Management.

Presidential Term of Office

• The presidential term of office begins at noon on June 30 following the day of the election and ends on June 30 six years thereafter.

• The President is not eligible for reelection.

• The President’s successor is disqualified to run for the presidency if he or she has served as president for more than four years.

President’s Oath or Affirmation

How May the President Be Removed From Office?

• The President, Vice President, members of the Supreme Court, members of the Constitutional Commissions, and Ombudsman may be removed from office, on impeachment for and conviction of:

  • Culpable violation of the Constitution

  • Treason

  • Bribery

  • Graft and corruption

  • Other high crimes

  • Betrayal of public trust

Ordinance Powers

• To ensure that laws are faithfully executed, the President issues:

  • Executive orders

  • Administrative orders

  • Proclamations

  • Memorandum circulars

  • General or special orders

Types:

• Proclamation – which have the force of an executive order, contains acts of the President fixing a date of declaring a status or condition of public interest of a specific law or regulation is made to depend.

• Administrative orders – are promulgated for acts related to particular aspects of governmental operations in pursuance of the presidential duties as administrative head.

• Memorandum orders – embody presidential acts on matters of administrative detail or of subordinate or temporary interest that only concern a particular government officer or office.

The President and the Bureaucracy

• Since 1986, despite the shift from an authoritarian to a democratic form of government, the President still has the appointive power over all members of the career executive service from the rank of provincial director or department service chief up.

Definition of Bureaucracy

• Bureaucracy – is a type of organization designed to accomplish large-scale administration tasks by systematically coordinating the work of many individuals.