ARTICLE VII

THE EXECUTIVE
BRANCH
 GROUP 3
Members:

Cosain, Sauda P.
Manalocon, Benjamin
Amin, Najima M.
Winfield, Jea Roshi
Dulguime, Karla Joy
Maulana, Jehan
Macaandog, Hanira B.
Basaroden, Aisah T.
Acoon, Nasimah B.

Prof. Federico B. Filipino

PolSci4 - DE Instructor
 Section 1
Executive power – the power to administer the laws, which
means carrying them into practical operation and enforcing
their due observance.

President - the executive; only person where executive power

is vested; who is both the head of State and the head of the
government.
 Section 2
Qualifications of the President:

He is a natural-born citizen of the Philippines;

He is a registered voter;
He is able to read and write;
He is at least 40 years of age on the day of the election for
President; and
He is a resident of the Philippines for at least 10 years
immediately preceding such election.
 Section 3
The Vice-President

Shall have the same qualifications and term of office (6 years)

as the President and may be removed from the office through
impeachment as in the case of the President.

May be appointed as a member of Cabinet without

need of confirmation by the Commission on
Appointments in Congress.
 Section 4
The President 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 six years thereafter. The
president shall not be eligible for any re-election. No
person who has succeeded as President and has
served as much for more than four years shall be
qualified for election to the same office at any time.
No Vice-President shall serve for more than two
successive terms. Voluntary renunciation of the
office for any length of time shall not be
considered as an interruption in the continuity of
the service for the full term for which he was
elected.

Unless otherwise provided by law, the regular

election for President and Vice-President shall be
on the second Monday of May.
The returns of every election President and Vice-
President, duly certified by the board of canvasser of
each province or city, shall be transmitted to the
congress, direct to the President of the Senate. Upon
receipt of the certificates of canvass, the President of
the Senate shall, not later than thirty days after the
day of the election, open all the certificates in the
presence of the Senate and the House of
Representatives in joint public session, and the
Congress, upon determination of the authenticity
and due execution thereof in the manner provided by
law, canvass the votes.
The person having the highest number of votes
shall be proclaimed elected, but in case two or
more shall have an equal and highest number of
votes, one of them shall forthwith be chosen by
the vote of a majority of all the Members of both
House of the Congress, voting separately.
The Congress shall promulgate its rules of the
canvassing of the certificates.
The Supreme Court, sitting en bane, shall be the
sole judge of all contest relating to the election,
returns, and qualifications of the President or
Vice-President, and may promulgate its rules for
the purpose.
 Election of the President and Vice-President.
 System of direct voting- The constitution retains the
system of direct popular election of the President
despite criticism for abetting massive vote buying
and other undesirable practices.
a. This is considered more democratic and more
in keeping with the Filipino culture and tradition that
they individually vote for their leader- their choice of
the man who would be their President. The people
should not be deprived of the right to choose the head
of their government, considering that, having exercised
is since 1935, this right has acquired special
significance for them.
On the part of the President, the fact that he has
popular support would enable him to muster the
necessary courage to effect policies promotive of
the greater good despite opposition from vested
interests. Moreover, since there is a need for a
strong national executive who can deal effectively
with the problems of national survival as well as
unite the numerous ethnic groupings constituting
our nation during these crucial times, a President
elected by the lawmaking body with no fixed term
may become subservient to the members to keep
their support.
 Election by Congress in case of tie – In case of a
tie, however, the President shall be chosen the
term fixed in the Constitution by a vote of a
majority of all the members of Congress in
session assembled. (sec.4, par. 5.)

The vice-President is elected with and in the

same manner as the President.(sec. 4, par. 1.)
Unless otherwise provided by law, the
regular election for President and Vice-President
shall be held on the second Monday of May. (Ibid.,
par. 3.)
 Term of the Office of the President and Vice-
President.

The President and Vice-President enjoy

security of tenure. Their terms of office is six(6)
years “which shall begin at noon on the 30th day of
June following the day of the election and shall end
at noon of the same date six years thereafter.
(Sec.7,par. 1.)
Term of office distinguished from tenure of office; right to hold
office; and office.
 The phrase term of office refers to the period, duration or length of time
during which an officer may claim to hold the office as of right, and fixes
the interval after which the several incumbent shall succeed one
another.

 It is not to be confused with tenure of office (or actual incumbency)

which represents the period during which the incumbent actually
holds the office, the tenure may be shorter than the term for season
within or beyond the power of the incumbent. The President may be
removed from office by Congress by means of impeachment. (Art. XI,
Sec. 2.) A vacancy in the Office of the President arises in case of
Permanent disability, death, or resignation of the President. (Sec. 8.)

 A right to hold office, on the other hand, is the just legal claim to enjoy
the powers and responsibilities of the office.

 The office is an institutional unit of government, which term is a matter

of time during which a person may hold the office. (see Art XI, Sec 1.)
Reelection of the President and Vice-President.

A person who has held the office of the

President is absolutely disqualified for any
reelection. In the case of the Vice-President, he
cannot serve for more than two(2) -successive
terms(Sec. 4, Par. 2.) but he is still eligible for
election as President. A Vice-President who has
succeeded and served as President for more than
four years (even in an acting capacity) is also
disqualified for election to the same office at my
other time.
 The volunteer renunciation of the office of
Vice-president for any length of time does not
interrupt the continuity of the service for the full
term of six years. Thus , a Vice-President who
voluntarily renounced or resigned from his office
is deemed to have served for six years for
purposes of the ban against reelection. The
President is not eligible for any reelection. (Art.
11, Sec. 26.) But they may be elected to lower
position.
 Reasons for prohibition against re-election of
President.
 A President seeking a second term is vulnerable to constant
political pressure from those whose support he must preserve
and has to devote his time and energy to consolidate this
political support. In the context of Philippine experience, every
President elected to office has used the first term to work for
reelection;
 A President who seeks a second term is under a terrific
handicap in the performance of his functions. The result has
been that political motivation is attributed to practically every
act he performs; moreover, the danger of alienating much
needed votes may be an obstacle to the proper and impartial
performance of his duties;
 A President seeking reelection will even use public
funds for the purpose even to the making the
government bankrupt because no incumbent
President would like to go down from power as a
leader repudiated by his people;

 The prohibition also widens the base of leadership. In

theory, as man is indispensable in a democracy, and
any person, no matter how good he is, may be
replaced by others equally good;

 The ban will also put an end or at least hamper the

establishment of political dynasties;
 The six-year term will give the president a
reasonable time within which to implement his
plans and programs of government. He can
concentrate on being President free from the
demands of partisan politics; and
 The criticism against a six-year term without
reelection that sis years are too long for a bad
President but too short for a good one, and that the
people will suffer most from a lameduck president
may be remedied how long, is short for a good
President.
 The main argument against the absolute prohibition
on reelection is that it forecloses the possibility of a good
President being recalled to the office at some future time
should his services be required. Imposing a complete ban on
reelection will, in effect, penalize the people from calling
back to the Presidency a person who has render signal
service to the nation, should that need for such man arise. As
an alternative, the ban should be on immediate reelection in
order to prevent the President from using his office to
advance his candidacy. Furthermore, the people are the
wisest judge on how many terms a President (or Vice-
President) is going to have.
 Canvassing of returns and Proclamation

 Returns transmitted to congress. – The returns of every

election for President and Vice-President are canvassed
(examined for authenticity) by the board of canvassers
of each province or city, adding all the returns in every
town in the province or every district in the city. These
returns which show the result of the voting must be duly
certified by the corresponding board. Then, they are
transmitted to Congress directed to the President of the
Senate who shall, not later than thirty days after the day
of the election and in the presence of the Senate and
the House of the
Representatives in joint public session and upon
determination of the authenticity and due execution thereof
in the manner provided by the law.

 Plurality rule sanctioned. –The constitution does not

prescribe any minimum number of votes to be cast in a
presidential election nor any majority vote needed for the
proclamation of the winner for its merely provides that
“candidate having the highest number of votes shall be
proclaimed elected. It sanctions the plurality rule. Thus, a
minority President may be elected (i.e., by the votes of
less than 50% of the number of registered voters) if there
is a low turnout of voters or there are more than two
candidates.
 Candidate to be proclaimed. – The person having the
highest number of votes shall be proclaimed elected.
In case of a tie between two or among more than two
candidates, that is, more than one candidate shall
have an equal and highest number of votes, one of
them shall be chosen President by the vote of the
majority membership of Congress in session
assembled. The candidate thus chosen shall be
proclaimed elected.
Election contest involving the position of
President or Vice-President.

The Supreme Court, sitting en banc (as one

body), shall now be the sole judge of all contest
relating to the election, returns and qualifications of
the President or Vice-President. It may promulgate its
rules for the Purpose. (Ibid., last par.)
Under the new Constitution, the Supreme
Court, itself, as such, shall be the sole judge of
electoral dispute involving the President or Vice-
President elect.
 Section 5
Before they enter on the execution of their offices,
the President, the 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 myself to the
service of the Nation. So help me God.” (in case of
affirmation, last sentence will be omitted.)
Oath or affirmation of the President, Vice-President,
or Acting President.

Oath is an outward pledge made under an immediate sense

of responsibility to God. If the President, Vice-President or
Acting President does not believe in God, he makes an
affirmation. Instead of saying “I do solemnly swear” he
declares, “I do solemnly affirm.” In such case, he omits the
last sentence: “So help me God.”
The oath-taking marks the formal induction of the
President, Vice-President or Acting President in
office. It is mandatory. He cannot enter on the
execution of his office without taking the prescribed
oath or affirmation.

The President is enjoined by the Constitution, among

others, to “do justice to every man” because of the
vast powers of his office which if abused could cause
harm and injustice.
 PERQUISITES (Section 6)
 No increase or decrease in salaries during
the term.
 President
Shall receive an annual salary of three
hundred thousand pesos (Php 300,000).

 Vice-President
Shall receive an annual salary of two
hundred forty thousand pesos
(Php 240,000).
 They shall not receive any other emolument
from the government or any other resources.

 The president cannot accept any other

employment elsewhere, whether public or
private.

 In the case of Vice-President, he may be

appointed to the cabinet. It is submitted,
though, that the VP may not receive additional
compensation in the second capacity.
 PRESIDENTIAL SUCCESSION
(Sections 7&8)
2 SETS OF RULE
• Occurring before the
term
• Occurring mid-term
 RULES ON SUCCESSION
Vacancy at the beginning of the term:

President shall not have been

chosen

VP-elect shall ACT as

President until President shall
have been chosen & qualified.
 RULES ON SUCCESSION
Vacancy at the beginning of the term:

President-elect fails to
qualify

VP-elect shall ACT as

President until President-
elect shall have qualified.
 RULES ON SUCCESSION
Vacancy at the beginning of the term:

Death or permanent
disability of the President-
elect

VP-elect shall become

President
 RULES ON SUCCESSION

Who will be the PRESIDENT?

Or both have died or

become permanently
disabled?

No president and VP
chosen or qualified,
 SPEAKER OF THE
SENATE HOUSE
PRESIDENT ACTING
• In an acting capacity PRESIDENT
• In an acting
capacity

 UNTIL a President or a VP shall have been chosen

and qualified.
IN THE EVENT OF INABILITY OF BOTH,
who shall ACT as President?

• The Congress shall, by law, provide

for the manner in which one who is
to act as President shall be selected
until a President or Vice-President
shall have qualified.
 Succession Rules
Vacancy during the term:
 Death
 Permanently disability
 Removal from office
 Resignation of the President

 The Vice-President shall

BECOME the President.
 SPEAKER OF THE
SENATE HOUSE
PRESIDENT ACTING
• In an acting capacity PRESIDENT
• In an acting
capacity

 UNTIL a President or a VP shall have been

elected and qualified.
Joseph Estrada During the rally.
 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
office upon confirmation by a majority vote of all
the Members of both Houses of the congress,
voting separately.
 Section 10
• The Congress shall, at ten o’clock in the morning of the third day after
the vacancy in the offices of the President and 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 forty-five days nor
later than sixty days from the time of such call. The bill calling such
special election shall be deemed certified under paragraph 2, section
26, Article 7 of this constitution and shall become law upon its
approval on third reading by the congress. Appropriation for the
special election shall be charged against any current appropriations
and shall be exempt from the requirements of paragraph 4, section 25,
Article 7 of this Constitution. The convening of the congress cannot be
suspended nor the special election postponed. No special election
shall be called if the vacancy occurs within eighteen months before the
date of the next presidential election.
 Section 11
• Whenever the President transmits to the President of the
Senate and the 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 to the contrary, such powers and duties
shall be discharged by the Vice-President as Acting President.
• Whenever a majority of all the Members of the Cabinet
transmit to the President of the Senate and to the Speaker of
the House of Representatives their written declaration that the
President is unable to discharge the powers and duties of his
office, the Vice-President shall immediately assume the powers
And duties of the office as Acting President.
• Thereafter, when the President transmits to the President of the Senate and
to the Speaker of the House of Representatives his written declaration that
no inability exists, he shall reassume the powers and duties of his office.
Meanwhile, should a majority of all the Members of the Cabinet transmit
within five days to the President of the Senate and to the Speaker of the
House of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the congress shall
decide the issue. For that purpose, the Congress shall convene, if it is not in
session, within forty- eight hours, in accordance with its rule and without
need of call.
• If the congress, within ten days after receipt of the last written declaration,
or, if not in sessions, within twelve days after it is required to assemble,
determines by two-thirds vote of both Houses, voting separately, that the
President is unable to discharge the powers and duties of his office, the Vice-
President shall act as President, otherwise, the President shall continue
exercising the powers and duties of his office.
 S
E
C
T
I
In case of serious illness of the President, the public
O
shall be inform of the state of his health. The
N
Members of the Cabinet in charge of national
security and foreign relations and the chief of staff
X
of the Armed Forces of the Philippines, shall not be
I
denied access to President during such illness.
I
The President, Vice-President, the Members of the Cabinet, and
their deputies or assistants shall not, unless otherwise provided in
this Constitution, hold any other office or employment during
their tenure. They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in any
business, or be financially interested in any contract with, or in
any franchise, or special privilege granted by the Government or
any subdivision, agency, or instrumentality thereof including
government-owned or controlled corporations or their
subsidiaries. They shall strictly avoid conflict of interest in the
conduct of their office.
 S
The spouse and relatives by E
consanguinity or affinity within
C
the fourth civil degree of the
President shall not during his T
tenure be appointed as I
Members of the constitutional O
Commissions, or the Office of N
the Ombudsman, or as
Secretaries, Undersecretaries,
X
chairmen or heads of bureaus
or offices, including I
government-owned or – I
controlled corporations and I
their subsidies.
 Disabilities of President, Vice-President, members
of the Cabinet, and their deputies and assistants

1. Prohibitions during their tenure.- The President,

Vice President, /members of the Cabinet and
assistants are subject to prohibitions, namely;

a. They shall not hold, unless otherwise provided in

the Constitution any other office or employment;
 S
E
C
b. They shall not practice any other profession
T
c. They shall not participate, directly or indirectly, I
in any businesses; O
d. They shall not be financially interested. N

e. They shall strictly avoid conflict of interest

X
(between personal or family interest and public
I
interest) in the conduct of their office.
I
I
 S
E
C
T
• 2. Purpose of prohibition.- Is to insure that the I
officials mentioned (the President particularly) O
will devote their full time and attention to their N
official duties, prevent them from extending
special favours to their own private business X
which comes under their official jurisdiction, and I
assure the public that they will be faithful and I
dedicate in the performance of their function. I
 S
E
C
T
Appointments extended by
an Acting President shall I
remain effective, unless O
revoked by the elected N
President within ninety days
from his assumption or
X
reassumption of the office.
I
V
Appointments extended by an Acting President

1.Powers and function of Acting President- He exercises the

powers and function of the President only in a temporary
vacancy until a President shall have been elected and
qualified. He is not the incumbent President.

2.Revocation by elected President of the appointments- The

appointments extended by an Acting President are naturally
valid and effective but the elected President has the power to
revoke them. He’s given 90 days from this assumption or
reassumption to make the revocation to enable him to study
the appointments. It also protects the government officials
concerned from having the sword of Democles of possible
removal or replacement hanging over their heads.
S
E
C • Sword of Democles
T - an impending (that is about to occur) disaster.
I
O
N

X
I
V
 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 on 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. He shall also appoint all other
officers of the Government whose appointments are not
otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the
appointment of other officers lower in rank in the President
alone, in the courts, or in the heads of department, agencies,
commissions, or boards.
• The president shall have the power to make appointments during
the recess of the Congress, whether voluntary or compulsory, but
such appointments shall be effective only until disapproved by
the Commission on Appointments or until the next adjournment
of the Congress.
• Appointments requiring the
consent of the Commission on
Appointments (VII, Sec16)
 Heads of executive
departments(except VP)
 Ambassadors and other public
ministers and consuls
 Officers of the AFP from the rank
of colonel or naval captain
 Officers whose appointments
are vested in him by the
Constitution
Appointments without the need
of CA Confirmation
 Those vested by the
Constitution on the President
alone
 Appointments that are not
otherwise provided by law
 Those authorized by law to
appoint
 Officers lower in rank whose
appointment is vested by law in
the President alone
 Not all Cabinet members, however, are subject to Confirmation of the CA.
According to the CA website, the following need confirmation in order to assume
their posts:
1. Executive Secretary
15. Secretary of Science and technology
2. Secretary of Agrarian Reform
16. Secretary of Social welfare and
3. Secretary of Agriculture
development
4. Secretary of Budget and
management 17. Secretary of the interior and Local
government
5. Secretary of education
6. Secretary of energy 18. Secretary of trade and industry
7. Secretary of Environmental and 19. Secretary of transportation and
Natural resources Communications
8. Secretary of Finance 20. Secretary of tourism
9. Secretary of Foreign affairs 21. Commission on higher education
10. Secretary of Health 22. Director General of the National
11. Secretary of Justice Economic and Development Authority
12. Secretary of Labor and Employment
13. Secretary of National defense
14. Secretary of Public works and
Highways
APPOINTMENT - the act of designation by the executive officer, board,
or body to whom the power has been delegated, of the individual who
is to exercise the functions of a given office.

DESIGNATION - simply the mere imposition of new or additional duties

upon an officer already in the government service(or any other
competent person) to temporarily perform the functions of an office
in the executive branch when the officer regularly appointed to the
office is unable to perform his duties or there exists a vacancy

KINDS OF PRESIDENTIAL APPOINTMENTS

• Regular appointments
• Ad Interim appointments
1. REGULAR APPOINTMENTS

Nomination by the President

Consent by the Commission on appointments

Appointment by the President

2. AD INTERIM APPOINTMENTS

Appointment by
the President

Confirmation
KINDS OF ACCEPTANCE
• When done verbally or in writing(EXPRESS); and

• When, without formal acceptance, the appointee

enters upon the exercise of the duties and function
of an office (IMPLIED)
 KINDS OF APPOINTMENT IN THE
CAREER

• PERMANENT- one which is issued to a person who

meets all the requirements for the position to which he is
appointed; it lasts until it is lawfully terminated.

• TEMPORARY OR ACTING- one which is issued to a

person who meets all the requirements for the position to
which he is being appointed except the appropriate civil
service eligibility; it shall not exceed 12 months, but the
appointee may be replaced sooner if a qualified civil
service eligible becomes available.
Removal power of the President- is the ouster of an
incumbent before the expiration of his term of office.
1) Not expressly granted.- The constitution contains no provision
expressly vesting in the President the power to remove executive officials from
their posts.
2) Impliedly Granted.- Nevertheless, the power is possessed by him, as it is
implied from any of the following, to wit:
a) from his power to appoint which carries with it the power to remove;
b) from the nature of the “executive power” exercised by the president, the power
to remove being executive in nature(Sec 1)
c) from the President’s duty to execute the laws(Secs. 5, 17);
d) from the President’s control of all departments, bureaus and offices (Sec 7); and
e) from the provision that “no officer or employee in the Civil service shall be
removed or suspended except for cause provided by law.” (Art IX, B-Sec2[3].)
3) Removal power of other officers.- where the power to appoint is
vested by law in the courts, the heads of departments, etc., congress may also
provide that those appointed may be removed by them, subject to such
restrictions as it deems best to impose for the public interest
 EXTENT OF THE PRESIDENT’S POWER TO
REMOVE
1) With respect to officers exercising purely executive
functions whose tenure is not fixed by law (i.e., members
of the Cabinet), the President may remove them with or
without cause and Congress may not restrict such power.
2) With respect to officers exercising quasi-legislative or
quasi-judicial functions (e.g., members of the Securities
and Exchange Commission), they may be removed only
on grounds provided by law to protect their independence
in the discharge of their duties;
3) With respect to constitutional officers removable only by
means of impeachment (Art. XIO, Sec 2.) and judges of
lower courts (Art. VIII, Sec 11.), they are not subject to the
removal power of the president; and
4) With respect to Civil Service officers, The President may
remove them only for cause as provided by law. (Art. IX,
B-Sec. 2[3].)
 Section 17

The President shall have control of all the

executive departments, bureaus, and offices.
He shall ensure that the laws be faithfully
executed.
 Power of control over all executive
departments, bureaus and offices.

• 1) Role of President as administrator.

• → the above provision emphasizes the role of the President as
administrator.
• 2) Powers giving control
• →there two factors that contribute to the effective hold and
control of the President over all executive departments, bureaus
and offices, to wit:
• a) The power of appointment (Sec. 16) with which he may
choose men of competence and confidence; and
• b) The power of removal
• Nature and extent of the power of control.
• 1) Over cabinet members.
• →the power to control of the President is in line with the concept of Cabinet
members serving as alter egos of the president.

• 2) Over other subordinate officers.

• →the power to control of the President over all executive departments, bureaus
and offices is not just over heads of thereof but extends to all other subordinates
officers.

• 3) Over officers and employees in the career service.

• → the President, however, has no authority to directly investigate and there after
remove even for cause, an officer or employees who belongs to the career service.
• Power to insure that the laws be faithfully
executed:

• 1) Primary function of President.

• → as the executive in whom the executive power is vested (Sec. 1), the
primary function of the President is to enforce the laws.

• 2) More of a mandatory duty than a power

• →the function of the President to see the laws are faithfully executed
is more of a duty than a power, to be discharge by him personally and
through subordinates under his control or supervision.
 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 suppress lawless violence, invasion or
rebellion. In case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding sixty days, suspend the
privilege of the writ of habeas corpus or place the Philippines or any
part of thereof under martial law. Within forty-eighty hours from the
proclamation of martial law or the suspension of the privilege of the
writ habeas corpus, the President shall submit a report in person or in
writing to the Congress. The Congress, voting jointly, by a vote of at
least a majority of all its Members in regular or special session, may
revoke such proclamation or suspension, which revocation shall not be
set aside by the President. Upon the initiative of the President, the
Congress may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if the
invasion or rebellion shall persist and public safety requires it.
 The Congress, if not in session, shall, within twenty-four hours
following such proclamation or suspension, convene in accordance
with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding

filed by any citizen, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of writ
or the extension thereof, and must promulgate its decision thereon
within thirty days from its filing.

A state of martial law does not suspend the operation of the

Constitutions, nor supplant the functioning of the civil courts or
legislative assemblies, nor authorize the conferment of jurisdiction on
military courts and agencies over civilians where civil courts are able
to function, nor automatically suspend the privilege of the writ.
 The suspension of the privilege of the writ shall
apply to persons judicially charged for rebellion or
offenses inherent in or directly connected with invasion.

During the suspension of the privilege of the writ,

any person thus arrested or detained shall be judicially
charged within three days, otherwise he shall be
released.
 MILITARY POWER OF
THE PRESIDENT:
These are:
1. Powers to meet emergency situations
2. Distinct extraordinary remedies or measures :

A. To call out the armed forces to prevent or suppress lawless violence,

meet the threat of invasion, or quell rebellion;
B. To suspend the privilege of the writ of habeas corpus
C. To declare martial law.

3. Commander-in-Chief of the Armed Forces

The constitution makes the President, a civilian, the
Commander-in-Chief of all armed forces of the Philippines.
POWERS OF THE PRESIDENT AS COMMANDER-IN-
CHIEF OF THE ARMED FORCES:
As Commander-in-Chief, the President has control
of the military organization and personnel whether in
peace time or in war time. He is given the broad powers
to call out the armed forces to prevent or suppress
lawless violence, invasion, or rebellion. He is also
empowered to create military tribunals to try persons
who violate military laws or commit crimes against
national security.
 POWER TO SUSPEND PRIVELEGE OF
WRIT OF HABEAS CORPUS:

Two conditions are necessary in order that the president

may suspend the privilege of the writ:

1. There must be invasion or rebellion, and

2. The public safety must require the suspension.
AUTHORITY OF CONGRESS OVER THE
ARMED FORCES
Congress shares with the President his
authority over the armed forces. It supplies
the money and makes the laws for their
governance. To belongs the sole power to
declare the existence of a state of a war.
POWER TO DECLARE MARTIAL LAW:
 The condition for a valid suspension of the privilege of the
writ of habeas corpus are also the perquisites for the
declaration of martial law by the President.
 The suspension of the privilege shall apply only with
respect to persons judicially charged for rebellion or
offenses inherent in, or directly connected with invasion.
 The power to proclaim martial law includes the power to
make all needful rules and regulations with the force of law
until the termination of martial rule.
Note that the president, with the aid of the armed forces,
may place under martial law the entire country or only part
thereof.
 MARTIAL LAW:
1. In its comprehensive sense, it includes all laws that have
reference to and are administered by the military forces of
the state.
They include:
A. The military law proper, that is, the laws enacted by the law
making body for the government of the armed forces; and
B. The rules governing the conduct of military forces in times of
war and in places under military occupation.
2. In its strict sense, it is that law which has application when
the military arm does not supersede civil authority but it’s called
upon to aid it in the execution of its vital functions.
Basis, object and duration of martial law:
1. Basis- the right to declare, apply, and exercise martial
law is one of the rights of sovereignty.
2. Object – the object of martial law is the preservation
of the public safety and good order.
3. Duration- being founded on necessity, the exercise of
the power may not extend beyond what is required by
the exigency which it calls forth.
 RESTRICTIONS ON THE EXERCISE OF THE
TWO POWERS:
The restrictions are on the conditions, duration, and effects of the
exercise of the powers.
They are:
1. There must be (actual) invasion or rebellion and public safety requires
the proclamation or suspension;
2. The duration shall not exceed 60 days unless extended by Congress
(which must convene within 24 hours following the proclamation or
suspension without need of a call) upon the initiative of President, i.e.
he must ask for extension of proclamation or suspension for a period
to be determined by Congress itself(Sec. 18, pars. 1 and 2)
3. The president must submit a report in person or in writing to Congress
within 48 hours from the proclamation or suspension to guide
Congress in deciding the action it should take, i.e., revocation or
extension;
4. The proclamation or suspension may be revoked by
majority vote all the members of Congress voting jointly
(not separately) which revocation shall not be set aside by
the president.(Ibid.);
5. The Supreme Court may inquire into the sufficiency of
the factual basis of the proclamation or suspension (Ibid.
par.3.) So, the actions of both the President and Congress
(in case of extension) are made subject to judicial review;
and
6. The effects of a state of martial law are clearly spelled
out, to define the extent of the martial law power. (par. 4.)
 EFFECTS OF A STATE OF MARTIAL LAW:
The definition of the extent of the martial law powers is made
by way of denials, stating what are not the effects of a state of
martial law.
1. Operation of the Constitution.
It does not suspend the operation of the Constitution. The
declaration does not mean that the military authorities will take the
reign of government.

2. Functions of civil courts and legislative assemblies.

It does not supplant the functioning of the civil courts or
legislative assemblies. The proclamation of martial law serves as a
warning to the citizens that military powers have been called upon by
the President to assist him in the maintenance of law order.
3. Jurisdiction of military courts and agencies.
It does not authorizes the conferment of jurisdiction
on military courts and agencies over civilians where civil
courts are able to function.

4. Privilege of the writ of habeas corpus.

It does not automatically suspend the privilege of
the writ of habeas corpus.
 Section 19
Except in areas of impeachment, or as
otherwise provided in this Constitution,
the President may grant reprieves,
commutations, and pardons, and remit
fines and forfeitures, after conviction by
final judgment. He shall also have the
power to grant amnesty with the
concurrence of a majority of all the
members of the Congress.
Meaning of reprieve and suspension
of sentence:

Reprieve is the postponement of the execution of a

death sentence to a certain date. It is different from
suspension of sentence which is the postponement of a
sentence for an indefinite time.
 Meaning of commutation:
Commutation is the reduction of the sentence imposed
to a lesser punishment, as from death to life
imprisonment. It may be granted without the
acceptance and even against the will of convict.
Pardon:
Pardon has been defined as 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 for a
crime he has committed.
 Kinds of pardon:

• Absolute – when it 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 offender to become
effective.
 Limitations upon pardoning power:

• It may not be exercised for offenses in impeachment

cases.
• It may be only exercised only after conviction by final
judgment.
• It may not be exercised over civil contempt (as for
refusing to answer a proper question when testifying
as a witness in a case).
• In case of violation of election law or rules and
regulations, no pardon, parole, or suspension of
sentence may be granted without the
recommendation of the Commission on Elections.
Difference between pardon and commutation:

Pardon is a complete remission of penalty by a

sovereign power as authorized by law. But, a
commutation of a sentence is only a substitution of a
lesser punishment for a greater punishment.
 Meaning of amnesty:

Amnesty is an act of the sovereign power granting

oblivion or a general pardon for a past offense usually
granted on favor of certain classes of persons who have
committed crimes of a political character, such as
treason, sedition or rebellion.
Difference of pardon and amnesty:
1. Pardon is granted by the President alone after
conviction, while amnesty, with the concurrence of
Congress, before or after conviction.

2. Pardon is an act of forgiveness (** i.e., it relieves the

offender from the consequences of the offense), while
amnesty, is an act of forgetfulness (** i.e., it puts into
oblivion the offense of which one is charged so that
the person released by amnesty stands in the eyes of
the law as if he had never committed the offense).
3. Pardon is granted for infractions of the peace of
the state, while amnesty, for crimes against the
sovereignty of the State.
4. Pardon is a private act of the President which
must be pleaded and proved by the person who claims
to have been pardoned, because the courts take no
judicial notice thereof, while amnesty by proclamation
of the President with the concurrence of Congress is a
public act of which the courts will take judicial notice.
 Section 20
The President may contract or guarantee foreign loans on
behalf of the Republic of the Philippines with the prior
occurrence of the Monetary Board, and subject to such
limitations as may be provided by law. The Monetary Board
shall, within thirty days from the end of every quarter of the
calendar year, submit to the Congress a complete report of
its decision on applications for loans to be contracted or
guaranteed by the Government or government-owned and
controlled corporations which would have the effect of
increasing the foreign debt, and containing other matters as
may be provided by law.
Authority to contract and guarantee foreign loans:
• Exclusive executive function – the President may
contract foreign loans on behalf of the Republic of the
Philippines without the need of prior congressional
approval. When obtained by private persons, natural or
juridical, he may guarantee such loans. There is possibly
no official better qualified to enter into such
negotiation than the President. He is the official best
supplied with information as well as with executive and
legislative assistance to determine the advisability of
obtaining loans as well as the country’s capacity for
making good use of such credit.
• Concurrence of Monetary Board required – the
authority of the President is not absolute. The contract
or guarantee mush be with the prior concurrence of the
Monetary Board of the Central Bank now, Bangko Sentral
ng Pilipinas (BSP), which is required to make a report to
Congress containing the matters mentioned. The prior
concurrence of the Monetary Board id required because,
as the custodian of the foreign reserves of the country, it
has the expertise to determine the reasonableness of
the contract or guarantee and whether the proposed
foreign loan is within the capacity of the country to pay.
The report will guide Congress in the enactment of
whatever legislation it may deem necessary to protect
the national interest.
• Checks by Congress – the reasons for not requiring
congressional approval for foreign loans are: first, the
loans urgently needed by the country may no longer be
available when concurrence which usually takes some
time is finally obtained, and second, an obstructionist
Congress could withhold approval for political reasons.
 Section 21

No treaty or international agreement

shall be valid and effective unless
concurred in by at least two thirds
of all the Members of the Senate.
Meaning of treaty:

 A treaty may be defined as a compact made

between two or more states, including international
organizations of states, intended to create binding
rights and obligations upon the parties thereto.
 treaty may be bilateral or multilateral. It is also
known as pact, convention or charter.
Distinguished from international agreement and
executive agreement:

 The phrase” or international agreement” has been

inserted in order to preclude any ambiguity in view
of the technical meaning that the word “treaty” has
acquired in contemporary international law as an
international agreement between states.
Steps in treaty –making:

1.Negotiation- in the field of initiation and negotiation,

the President alone has the sole authority.
2.Approval or ratification- As a general rule, no treaty
or international agreement shall be valid and effective
unless concurred in by at least 2/3 of all the Members
of the Senate.
 Section 22
The President shall submit to the congress within
thirty days from the opening of every regular
session, as the basis of the general appropriations
bill, as a budget of expenditures and sources of
financing, including receipts from existing and
proposed revenue measures.
Budgetary power of the President:

 The President is entrusting by the constitution with

the task of preparing the budget of receipt and
expenditures based on existing and proposed
revenue measures and other sources of financing
and of submitting it congress within thirty (30) days
from the opening of each regular session.
 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.
Prerogative to address and appear before congress:

 This provision furnishes an opportunity on the part

of the President at the opening of the regular session
of congress (see Art. VI, SEC. 15.) to give information
on the “ state of the nation” and to recommend to
the consideration of the legislative body such
measures as he may deem necessary and proper.