What is Executive Power ? Executive Power is the power to administer the laws, which means carrying them into practical operations enforcing their due observance. The executive power is vested upon the President.

The Executive Department is a co-ordinate, co-equal and co-important branch with the Legislative and the Judiciary.. The president’s ability to persuade others to do what he wants them to do is one of the sources of President’s power.

Under the 1987 Philippines Constitution, there shall be a Vice-President who may be appointed by the President, if he so desires, as member of the Cabinet.

Laws to be executed and administered by the Executive cover the following:

1. Constitution

2. Statues enacted by the Congress

3. Presidential Decrees

4. Executive Orders of the President

5. Decisions of the Courts

There shall be a Vice-President who shall have the same qualification and 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.

The Vice-President may be appointed as a Member of the cabinet. Such appointment requires no confirmation.

What are the Qualifications of the President and the Vice Section 3-President?

Like the members of the Congress, the Constitutions prescribes in an inclusive manner the qualification of the President and the Vice-President. These prescribed qualifications are:

1. A natural-born citizen of the Philippines

2. A registered voter.

3. Able to read and write;

4. At least forty (40) years old on the day of the election; and

5. A resident of the Philippines for at least ten (10) years immediately preceding the election.

What is the Term of Office of the President and the Vice-President?

The term of office of the Presidents’ Executive in 6 years from noon of June 30, following the day if the election. Reelection:

1. The President is absolutely disqualified for any reelection but may be elected to lower position.

2. Vice-President – cannot serve for more that two successive terms but he can still be eligible for election as president. Note: a. A VP who has succeeded and served as president for more than 4 years (even in acting capacity) is disqualified for election to the same office at any other time. b. Voluntary renunciation of the office of VP for any length of time does not interrupt the continuity of the service for the full-term of 6 years.

Term of Office Distinguished from Tenure of Office Term of office refers to period, durations and lengths of time during which an office may claim to hold the office as of right, and fixes the interval after which the several incumbents shall succeed one another.

Tenure of Office (actual incumbency) represents the period during which the incumbent actually holds the office.

The tenure may be shorter than the term. The right to hold an office is just and legal claim to enjoy the powers and responsibilities of the office.

Office is an institutional units of the government. Term is a matter of time during which a person may hold the office.

Removal from office only by means of an impeachment by Congress. Regular election: 2nd Monday of May

Supreme Court – the sole judge to all contests relating to return elections, and qualifications of President and Vice-President.

Official Residence of the President Shall be determined by law, now, it is the Malacanang Palace. Compensation: a. Shall be determined by law but shall not receive any other emoluments. b. Cannot be increased but if ever increased, the incumbent president shall not benefit the increase until expiration of term.

Initial Salary: President : P300,00.00 / annum Vice-President: P240,000.oo / annum

What are the Rules on Presidential Succession? Vacancy in the Office of the President occurs in cases of the following:

1. Permanent Disability

2. Death

3. Resignation

4. Removal/Impeachment Presidential Succession: A. Before the assumption of the office. B. After the assumption of the office. The Vice-President shall act as President: a. If the President-elect fails to qualify, or b. If the President-elect shall not have chosen, or c. In case of temporary inability or incapacity to discharge his powers and duties, Cases when the Vice-President shall become President or serve the unexpired term:

5. Death of the President

6. Permanently disability of the President

7. Removal from office/ impeached

8. Voluntary resignation of the President

When there is no President and Vice-President, who shall Act as President? Before the assumption.

1. Senate President, Speaker of the House of the Representatives (Speaker).

2. After the assumption, the same succession.

When the Position of the Vice-President’s Office is Vacant? A. Permanent. The President shall nominate from among the members of the Senate or House of the Representatives. B. The Said nomination is subject to confirmations by a majority vote of all it’s members of the both House voting separately. C. The nominee shall assume office upon confirmation.

When can There be a Special Election? Only in case of permanent vacancy in the Office either of the President of Vice-President, the Congress shall convene and enact a calling for a special election for President and Vice-Presidents. Note: No special elections will be held if vacancy occurs within 18 months before the date of the next election.

What are the Rules in Case of Temporary Disability of the President?

1. Declaration by the President. The President may transmit to the Senate President and Speaker of the House of the Representatives his written declaration that he is unable to discharge the powers and duties of his office.

2. Declaration by Members of the Cabinet. In case a majority of all the members of the cabinet who are all the President’s men transmit such written declaration, the Vice-President shall immediately assumes the powers and duties of the office as Acting President. Thereafter, upon transmitting his written declaration that no inability exists, the President shall reassume the powers and duties of his office.

3. Decision by Congress in Case a Dispute. In case of a dispute on the matter between the President and the majority of all the members of the Cabinet, Congress by a two—third vote both Houses, voting separately, shall decide the existence and on termination of President incapacity.

When the President is Seriously Ill The public must be informed of the President’s state of health and in order to safeguard the interest if the nation, the following should not be denied access to the President:

1. Cabinet members in charge of national security.

2. Cabinet Member in charge of Foreign Relations.

3. Chief of Staff of the AFP

What are the Prohibitions or Disabilities of the President, Vice-President and Members of the Cabinet? They are prohibited to:

1. Hold any office or employment outside.

2. Practice any other profession

3. Participate, directly or indirectly in any business.

4. Financially interested, directly or indirectly in any other contract with or in any franchise or special privilege granted by the government including the Government Owned or their subsidiaries.

5. Strictly avoid conflicts of interest between personal/family interest/ public interested in the conduct of their office. Purpose: To ensure that they will be devoting to their work FULL-TIME to their official duties.

What are the Powers of the Executive?

Appointing Power Appointment is the act of designation by the executive officer, board or body to whom the power had been delegated, of the individual who is to exercise the functions of a given office. Nature of Power to Appoint

1. It is intrinsically an executive prerogative.

2. The executive nature of the appointing by Congress and the Courts can be made. They may also appoint those officers who are necessary to the exercise of their own functions.

3. The President may choose men of competence and confidence.

Officials Whose Appointments are Vested in the Presidents

1. Heads of the Executive Departments

2. Ambassadors

3. Public ministers and consuls,.

4. Officers of the AFP from the rank of colonel or naval captain.

5. Heads of Government Owned or Controlled Corporations (GOCC)

6. Heads off the bureaus and offices.

7. Supreme Court justices, judges of lower courts including the Sandigayan Bayan.

8. Chairman and Commissioner of the Civil Service Commission

9. Chairman and Commissioners of the COMELEC

10. Chairman and Commissioners of COA

11. Ombudsman and his deputies Confirmation of Appointments by Commission on Appointments Not included are the Department undersecretaries and heads of the bureaus like SEC, OIC, National Irrigation administration and others are no longer to be confirmed by COA. Kind off Presidential Appointments:

12. Regular are those appointments made during the sessions of Congress.

13. Ad-interim are t hose appointments made during the recess of Congress.

Control Power Over All Executive Department, Bureaus and Offices It is the power to insure that the laws be faithfully executed. This is more a duty than a power, to be discharged by him personally and through subordinates under his control or supervision. Removal Power Removal is the ouster of presidential appointees before the expiration of their term of office. Power of the President to remove governments officials except those officials whose position is protected under the Civil Service Law because they can be removed only just for a cause