Article VII

EXECUTIVE DEPARTMENT
EXECUTIVE POWER
It is the legal and political functions of the President involving the exercise of
discretion. It is vested in the President of the Philippines. It is the power to
enforce and
administer laws.
The executive power shall be vested in the President of the Philippines.
(Section
1, Article VII) In National Electrification Administration vs. CA, G.R.
No. 143481,
February 15, 2002, the President is vested with the power to execute,
administer, and
carry out laws into practical operation. Executive power, then, is the power of
carrying
out the laws into practical operation and enforcing their due observance.
The President may not veto a law enacted thirty-five (35) years before his or
her
term of office. Neither may the President set aside or reverse a final and
executory
judgment of the Supreme Court through the exercise of veto power.
(Bengzon vs.
Drilon, 208 SCRA 133, April 15, 1992)

PRESIDENT VICE-PRESIDENT
Q U A L I F IC A T I O NS
1. Natural-born citizen;
2. Registered voter;
3. Able to read and write;
4. At least 40 years of age on the day of election; and
5. Resident of the Philippines for at least 10 years immediately preceding the
election.
TERMOFOFFICE
Six (6) years
DISQUALIFICATIONS
1. Not eligible for any re-election;
2. No person who has succeeded as
President and has served as such
for more than 4 years shall be
qualified for election to the same
office at any time (Sec. 4, Art. VII);
1. Shall not serve for more than two (2)
consecutive terms (Sec. 4, Art. VII)
General Disqualifications*
a. One who has been declared incompetent or insane by competent
authority;

b. One who has been sentenced by final judgment for:

vi. Subversion;
vii. Insurrection;
viii. Rebellion;
ix. Any offense for which he has been sentenced to a penalty of not more
than 18 months; or
x. A crime involving moral turpitude, unless given plenary pardon or
granted amnesty (Section 12, BP 881Omnibus Election Code)
INHIBITIONS AND PROHIBITIONS
1. Shall not receive any other emolument from the government or any other
source
(Section 6, Article VII);
2. Shall not hold any other office or employment unless otherwise provided
in the
Constitution;
3. Shall not practice any other profession;
4. Shall not participate in any business;
5. Shall not be financially interested in any contract with, or in any franchise,
or
special privilege granted by the Government, including GOCCs;
6. Shall avoid conflict of interest in conduct of office;
7. Shall avoid nepotism. (Section 13, Article VII)
PRIVILEGES
1. Official residence;
2. Salary is determined by law and
not to be decreased during his
tenure (Section 6, Article VII);
3. Immunity from suit for official acts.
1. Salary shall not be decreased during
his tenure;
2. No need for Commission on
Appointment confirmation for Cabinet
post (Section 3, Article VII)
CANVASSING BOARD
Congress (Senate and House of Representatives); in case of tie, Congress by
majority vote shall select.
ELECTORAL TRIBUNAL
Supreme Court (en banc)
REMOVAL
Impeachment only
ELECTION
(Section 4, Article VII) Unless otherwise provided by law, the regular election
for
President and Vice-President shall be held on the second Monday of May.
Even after Congress has adjourned its regular session, it may continue to

perform this constitutional duty of canvassing the presidential and vicepresidential

election results without need of any call for special session by the President.
The joint
public session of both Houses of Congress convened by express directive of
Section 4,
Article VII of the Constitution to canvass the votes for and proclaim the
newly-elected
President and Vice-President has not, and cannot, adjourn sine die until it has
accomplished its constitutionally mandated tasks. For only when a board of
canvassers
has completed its functions it is rendered functus officio. (Pimentel, Jr. vs.
Joint
Committee of Congress to Canvass the votes cast for President and
VP, G.R. No.
163783, June 22, 2004)
There is no constitutional or statutory basis for COMELEC to undertake a
separate and an unofficial tabulation of results, whether manually or
electronically. By
conducting such unofficial tabulation, the COMELEC descends to the level
of a private
organization, spending public funds for the purpose. This not only violates
the exclusive
prerogative of NAMFREL to conduct an unofficial count, but also taints the
integrity of
the envelopes containing the election returns and the election returns
themselves. Thus,
if the COMELEC is proscribed from conducting an official canvass of the votes
cast for
the President and VP, the COMELEC is, with more reason, prohibited from
making an
unofficial canvass of said votes. (Brillantes vs. COMELEC, G.R. No.
163193, June
15, 2004)
Immunity from suit:
After his tenure, the President cannot invoke immunity from suit for civil
damages
arising out of acts done by him while he was President which were not
performed in the
exercise of his official duties. (Estrada vs. Desierto, G.R. Nos. 14671015, March
2001)
Rules on Succession:
a. V acancy at the beginning of the term
i. Death or permanent disability of the President-elect: VP-elect shall become
President

ii. President-elect fails to qualify: VP-elect shall act as President until the
President-elect shall have qualified
iii. President shall not have been chosen: VP-elect shall act as President until
a
President shall have been chosen and qualified.
iv. No President and VP chosen nor shall have qualified, or both shall died or
become permanently disabled: The President of the Senate, or in case of his
disability, the Speaker of the House of Representatives, shall act as President
until a President or a VP shall have been chosen and qualified. In the event of
inability of the officials mentioned, Congress shall, by law, provide for the
manner in which one who is to act as President shall be selected until a
President or VP shall have qualified.
At 10 oclock in the morning of the 3rd day after the vacancy occurs, Congress
shall convene without need of a call, and within 7 days enact a law calling for
a special election to elect a President and a VP to be held not earlier than 45
nor later than 60 days from the time of such call. The bill shall be deemed
certified and shall become a law upon its approval on 3rd reading by
Congress. The convening of the Congress cannot be suspended nor the
special election postponed. No special election shall be called if the vacancy
occurs within 18 months before the date of the next presidential election.
b. V acancy during the term
i. Death, permanent disability, removal from office, or resignation of the
President: VP shall become the President
Estrada vs. Arroyo, G.R. No. 146738, March 2, 2001, the SC declared
that
the resignation of President Estrada could not be doubted as confirmed by
his
leaving Malacaan Palace. In the press release containing his final statement,
1. He acknowledged the oath-taking of the respondent as President;
2. He emphasized he was leaving the Palace for the sake of peace and in
order to begin the healing process (he did not say that he was leaving due
to any kind of disability and that he was going to reassume the Presidency
as soon as the disability disappears);
3. He expressed his gratitude to the people for the opportunity to serve them
as President (without doubt referring to the past opportunity);
4. He assured that he will not shirk from any future challenge that may come
in the same service of the country;
5. He called on his supporters to join him in promotion of a constructive
national spirit of reconciliation and solidarity.
The Court declared that the elements of a valid resignation are:
1. Intent to resign;
2. Act of relinquishment.
Both were present when President Estrada left the Palace.
Intent to resignmust be accompanied by act of relinquishmentact or
omission

before, during and after January 20, 2001.

Totality of prior contemporaneous posterior facts and circumstantial
evidence
bearing material relevant issuesPresident Estrada is deemed to have
resigned
constructive resignation
Resignationmay be written, oral, express, or implied, for as long as it is
clear it must
be given legal effect.
Vacancy in the office of the VP:
Whenever there is vacancy in the Office of the VP during the term for which
he
was elected, the President shall nominate a VP from among the Members of
the Senate
and the HOR who shall assume office upon confirmation by a majority vote of
all the
Members of both Houses of the Congress, voting separately. (Section 9,
Article VII)
Powers of the President:
1. Executive power (Section 1, Article VII)
2. Appointing power (Section 16, Article VII)
3. Control power (Section 17, Article VII)
Section 4, Article XPower of general supervision over local governments

4. Calling-out power, power to place the Philippines under martial law and
power to
suspend the privilege of the writ of habeas corpus (Section 18, Article VII)
5. Pardoning power, reprieves, commutations, amnesty, remit fines and
forfeitures
(Section 19, Article VII)
6. Borrowing power (Section 20, Article VII)
7. Diplomatic/Treaty-making power (Section 21, Article VII)
8. Budgetary power (Section 22, Article VII)
9. Informing powerState of the Nation Address (Section 23, Article VII)
10.Veto power (Article VI)
11. Power of general supervision over local governments (Section 4, Article
X)
12.Power to call special session (Section 15, Article VI)
13.Unstated Residual Powernot found in the Constitution
14.Power to Reorganize the Office of the President (Administrative Code)
15.Power of Impoundment
APPOINTING POWERcarries with it the Removal Power
Appointmentis the selection, by the authority vested with the power, of an
individual
who is to exercise the functions of a given office.

Designationsimply means imposition of additional duties on a person

already in the
public service.
Binamira vs. Garrucho, 188 SCRA 154, when a person is merely
designated
and not appointed, the implication is that he shall hold office in a temporary
capacity
and may be replaced at will of the appointing authority. In this sense, a
designation is
considered only an acting or temporary appointment which does not confer
security of
tenure on the person named.
Appointing power is executive in nature. It is vested in the President. The
power
carries with it the power to remove except in some cases like Justices of the
Supreme
Court, the President appoints them but he cannot remove them. They can
only be
removed through impeachment.
Officers to be appointed by the President that require the confirmation of
Commission
on Appointments: (the list is exclusive)
1. Heads of the executive department
Except: Vice-Presidentmay be appointed as a Member of the Cabinet. Such appointment
requires no confirmation. (Section 3, Article VII)

2. Ambassadors, other public ministers and consuls

3. Officers of the armed forces from the rank of colonel or naval captain
4. Other officers whose appointments are vested in him in the Constitution
Example: JBC, Constitutional Commissions

5. All other officers of the government whose appointments are not

otherwise
provided by law
6. Those whom he may be authorized by law to appoint.
Sarmiento vs. Mison, 156 SCRA 549, not all appointments made by the
President
need CA confirmation. Only those enumerated in paragraph 1 of Section 16,
Article VII
need confirmation of the Commission on Appointments. The appointment of
Salvador
Mison as Commissioner of Customs needs no confirmation by the CA,
because the
Commissioner of Customs is not among the officers mentioned in the 1st
paragraph of
Section 16, Article VII.
Officers of the armed forces from the rank of colonel or naval
captainrefers to

military officers alone

PNP is now under the DILG (civilian in character, national in scope)no
longer part of
the AFP, therefore, no need for CA confirmation
Soriano vs. Lista, G.R. No. 153881, March 24, 2003, the Philippine
Coast Guard
(PCG) is no longer part of the Philippine Navy or the AFP but is not under the
DOTC, a
civilian agency, the promotion and appointment of respondent officers of the
PCG will
not require confirmation by the CA.
Calderon vs. Carale, 208 SCRA 254, Article 215 of the Labor Code as
amended by RA
6715, insofar as it requires the confirmation by the CA of the appointment of
the NLRC
Chairman and commissioners, is unconstitutional because it violates Section
16 of
Article VII. The Congress, when they enacted the law, added to the exclusive
list
another category of officers to be appointed by the President that need the
confirmation
of the CA.
Manalo vs. Sistoza, 312 SCRA 239a law was enacted creating the PNP,
RA 6795. It
provides that the Director, Deputy Director General, and other top officials of
the PNP
shall be confirmed by the Commission on Appointments. The SC declared it
as
unconstitutional.
In the above two cases, Congress cannot add/remove anything from the list
of
officers to be appointed by the President that require confirmation of the CA.
The list is
exclusive. The Congress cannot add or remove anything by a mere
legislative act.
Officials subject to the Appointment of the President:
A. With the confirmation by the Commission on Appointments
1. Heads of the executive department
2. Ambassadors, other public ministers and consuls
3. Officers of the armed forces from the rank of colonel or naval captain
4. Other officers whose appointments are vested in him in the Constitution
B. Prior recommendation or nomination by the Judicial and Bar Council (JBC)

1. Members of the Supreme Court and all lower courts

2. Ombudsman and hid 5 Deputies
C. Appointment of VP as Member of the Cabinet

D. Appointment solely by the President

1. Those vested by the Constitution on the President alone
2. Those whose appointments are not otherwise provided for by law
3. Those who may be authorized by law to appoint;
4. Those other officers lower in rank whose appointment is vested by law in
the
President alone
Appointing Procedure:
1. Nomination by the President;
2. Confirmation by the Commission on Appointments;
3. Issuance of commission; and
4. Acceptance by appointee. Deemed complete upon acceptance. Pending
such
acceptance, which is optional to the appointee, the appointment may still be
validly withdrawn. Appointment to a public office cannot be forced upon
citizen
except for purposes of defense of the State under Section 4, Article II of the
Constitution, as an exception to the rule against involuntary servitude.
Classifications:
1. Permanentthose extended to persons possessing the requisite
eligibility and
are thus protected by the constitutional guarantee of security of tenure.
2. Temporarythose given to persons without such eligibility, revocable at
will and
without necessity of just cause or a valid investigation, made on the
understanding that the appointing power has not yet decided on a
permanent
appointee and that the temporary appointee may be replaced at any time a
permanent choice is made.
Temporary appointment and Designation are not subject to confirmation by
the
Commission on Appointments. Such confirmation, if given erroneously, will
not
make the incumbent permanent appointee. (Valencia vs. Peralta, 8 SCRA
692)
3. RegularAppointment by the President when Congress is in session. It
takes
effect only after confirmation by the CA, and once approved, continues until
the
end of the term of the appointee.
4. Ad Interim( 2 n d paragraph of Section 16, Article VII)Appointment by
the
President when Congress is not in session. It takes effect immediately but
ceases to be valid if disapproved by the CA or upon the next adjournment of
Congress. It is deemed by-passed through inaction. It is intended to prevent

interruptions in vital government services that would otherwise result from

the
prolonged vacancies in government offices.
It is a permanent appointment because it takes effect immediately and can
no longer be withdrawn by the President once the appointee has qualified
into
office. The fact that it is subject to confirmation by the Commission on
Appointments does not alter its permanent character. The Constitution itself
makes an ad interim appointment permanent in character by making it
effective
until disapproved by the CA or until the next adjournment of Congress.
a. Recessone made while the Congress is not in session, before
confirmation by the Commission on Appointment; immediately effective;
and ceases to be valid if disapproved or bypassed by CA upon the next
adjournment of Congress;
b. Midnightmade by the President before his term expires, whether or not
it is confirmed by the CA
Ad interim appointment disapproved by the Commission on
Appointmentscan no longer be extended a new appointment. The
disapproval
is a final decision of the Commission on Appointments in the exercise of its
checking power on the appointing power of the President. The disapproval is
a
decision on the merits, being a refusal by the CA to give its consent after
deliberating on the qualifications of the appointee. Since the Constitution
does
not provide for any appeal from such decision, the disapproval is final and
binding on the appointee as well as on the appointing power. In this instance,
the
President can no longer renew the appointment not because of the
constitutional
prohibition on appointment, but because of a final decision by the CA to
withhold
its consent to the appointment.
In the case of Matibag vs. Benipayo, 380 SCRA 49, ad interim means in
the meantime or for the time being. An ad interim appointment means a
permanent appointment made by the President in the meantime that
Congress is
in recess. It does not mean a temporary appointment that can be withdrawn
or
revoked at any time. An ad interim appointee who has qualified and assumed
office becomes at that moment a government employee and therefore part
of the
civil service. He enjoys the constitutional protection that he cannot be
suspended

or removed except for causes provided by law. The withdrawal or revocation

of
an ad interim appointment is possible only if it is communicated to the
appointee
before the moment he qualifies, and any withdrawal or revocation thereafter
is
tantamount to removal from office. Once an appointee has qualified, he
acquires
a legal right to the office which is protected not only by statute but also by
the
Constitution. He can only be removed for cause, after notice and hearing,
consistent with the requirements of due process.
Ad Interim regular
Takes effect immediately
Appointee assumes office immediately
and later on the appointment should be
confirmed by the CA
Made while Congress is not in
session
Does not take effect immediately
Appointee assumes office only after
confirmation by the CA
Made when Congress is in session
The distinction lies in the effectivity of the appointment
Ad interim appointee by-passed by the CA is no longer subject to
reappointment.
He is deemed to have vacated the office.
Case of First Impression
2 n d issue in the case of Matibag vs. Benipayowhether ad interim
appointees
by-passed by Commission on Appointments may be subject to reappointment?
The SC held that an ad interim appointment that is by-passed by the
Commission on Appointments because of lack of time or failure of the latter
to
organize is another matter. A by-passed appointment is one that has not
been
finally acted upon on the merits by the CA at the close of the session of
Congress. There is no final decision by the Commission on Appointments to
give
or withhold its consent to the appointment as required by the Constitution.
Absent
such decision, the President is free to renew the ad interim appointment of a
bypassed
appointee. This is recognized in Section 17 of the Rules of the
Commission on Appointments. Hence, under the Rules, a by-passed

appointment can be considered again if the President renews the

appointment.
The ad interim appointments and subsequent renewals of appointments of
Benipayo, Borra and Tuason do not violate the prohibition on reappointments
because there were no previous appointments that were confirmed by the
Commission on Appointments. A reappointment presupposes a previous
confirmed appointment. The same ad interim appointments and renewal of
appointments will also not breach the 7-year term limit because all the
appointments and renewals of appointments of Benipayo, Borra and Tuason
are
for a fixed term expiring on February 2, 2008. Any delay in their confirmation
will
not extend the expiry date of their terms of office. Consequently, there is no
danger whatsoever that the renewal of the ad interim appointments of these
three respondents will result in any of the evils intended to be exorcised by
the
twin prohibition of the Constitution. The continuing renewal of the ad interim
appointment of these three respondents for so long as their term of office
expires
on February 2, 2008 does not violate the prohibition on reappointments in
Section 1 (2), Article IX-C of the Constitution.
Four (4) Situations where Section 1 (2), Article IX-C will apply:
Section 1 (2), Article IX-C of the Constitution provides: The Chairman and the
Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven years without
reappointment.
Of those first appointed, three Members shall hold office for seven years, two
Members for five years, and the last Member for three years, without
reappointment. Appointment to any vacancy shall be only for the unexpired
term
of the predecessor. In no case shall any Member be appointed or designated
in
a temporary or acting capacity.
1. Where an ad interim appointee to the COMELEC, after
confirmation by
the CA, serves his full 7-year term. Such person cannot be reappointed
to
the COMELEC, whether as a member or as a chairman, because he will then
be actually serving more than 7 years.
2. Where the appointee, after confirmation, serves a part of his term
and
then resigns before his 7-year term of office ends. Such person cannot
be
reappointed. Whether as a member or as a chairman, to a vacancy arising
from retirement because a reappointment will result in the appointee also

serving more than seven years.

3. Where the appointee is confirmed to serve the unexpired term of
someone who died or resigned, and the appointee completes the
unexpired term. Such person cannot be reappointed, whether as member
or
chair, to a vacancy arising from retirement because a reappointment will
result in the appointee also serving more than seven years.
4. Where the appointee has previously served a term less than seven
years, and a vacancy arises from death or resignation. Even if it will
not
result in his serving more than 7 years, a reappointment of such person to
serve an unexpired term is also prohibited because his situation will be
similar
to those appointed under the second sentence of Section 1 (2), Article IX-C of
the Constitution. This provision refers to the 1st appointees under the
Constitution, whose terms of office are less than 7 years, but are barred from
ever being reappointed under any situation.
In Pimentel, Jr. vs. Ermita, G.R. No. 164798, October 13, 2005,
Congress commenced their regular session on July 26, 2004, the Commission
on Appointments was constituted on August 25, 2004. Meanwhile, President
Arroyo issued appointments to respondents as acting secretaries of their
respective departments. Respondents took their oath and assume duties as
acting secretaries. Congress adjourned on September 22, 2004. On
September
23, 2004, President Arroyo issued ad interim appointments to respondents as
secretaries of the departments to which they were previously appointed in
an
acting capacity. A petition was filed to declare unconstitutional the
appointments
issued by the President to the respondents as acting secretaries of their
respective departments without the consent of the Commission on
Appointments
while Congress is in session. The SC held that as a rule, the writ of
prohibition
will not lie to enjoin acts already done. However, an exception to the rule on
mootness, courts will decide a question otherwise moot if it is capable of
repetition yet evading review. In the present case, the mootness of the
petition
does not bar its resolution. The question of constitutionality of the Presidents
appointment of department secretaries in an acting capacity while Congress
is in
session will arise in every such appointment. The office of a department
secretary may become vacant while Congress is in session. Since a
department

secretary is an alter ego of the President, the acting appointee to the office
must
necessarily have the Presidents confidence. Thus, by the very nature of the
office of a department secretary, the President must appoint in an acting
capacity
a person of her own choice even while Congress is in session. The person
may
or may not be the permanent appointee, but practical reasons may make it
expedient that the acting appointee will also be the permanent appointee.
The
law expressly allows the President to make such acting appointment.
Section
17, Chapter 5, Title I, Book III of EO 292 (Administrative Code of
1987) states
that: The President may temporarily designate an officer already in the
government service or any competent person to perform the functions of an
office in the executive branch. Thus, the President may even appoint in an
acting
capacity a person not yet in the government service, as long as the President
deems that person competent.
Ad interim appointment Appointment in an acting capacity
Made if congress is not in session Made any time there is vacancy, i.e.,
whether Congress is in session or not
Requires confirmation of CA
Permanent in nature
Appointee enjoys security of tenure
Does not require confirmation of CA
Temporary in nature
The appointee does not enjoy security
of tenure
Limitations on Appointing Power:
1. Prohibition against nepotism(Section 13, par. 2, Article VII) The spouse
and
relatives by consanguinity or affinity within the 4th civil degree of the
President
shall not during his tenure be appointed 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 and their subsidiaries.
2. Appointments extended by an Acting President shall remain effective
unless
revoked by the elected President within 90 days from his assumption of
office.
(section 14, Article VII)
3. The presidential power of appointment may also be limited by Congress
through

its power to prescribe qualifications for public office.

4. The judiciary may annul an appointment made by the President if the
appointee
is not qualified or has not been validly confirmed by the Commission on
Appointments.
5. Section 15, Article VII2 types of appointment: 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.
Case of First Impression
In Re: Hon. Mateo Valenzuela and Hon. Placido Vallarta, 298 SCRA
409, Section
15, Article VII is directed against two (2) types of appointment:
1. Those made for buying votesthose appointments made within 2 months
preceding the Presidential election and are similar to those which are
declared
election offenses in the Omnibus Election Code;
2. Those made for partisan considerationsconsist of the so-called midnight
appointments and those presumed made for the purpose of influencing the
outcome of the presidential election.
a. If made within the 2-month election period=election offense
b. If made by an outgoing President before his term of office ends, it is
MIDNIGHT
appointment.
Exception: temporary appointment to executive positions
Case of First Impression
De Rama vs. Court of Appeals, 353 SCRA, 94, Mayor Evelyn Abeja run
for reelection
but lost. Before she vacated her office, though, she extended permanent
appointments
to 14 new employees of the municipal government. The incoming mayor,
upon
assuming office, recalled said appointments contending that these were
midnight
appointments and, therefore, prohibited under Section 15, Article VII of the
Constitution. The SC held that the records reveal that when the petitioner
brought the
matter of recalling the appointments of the 14 private respondents before
the Civil
Service Commission, the only reason he cited to justify his actions was that
these were
midnight appointments that are forbidden by the Constitution. However,
the CSC

ruled, and correctly so, that the said prohibition applies only to presidential
appointments. In truth and in fact, there is no law that prohibits local elective
officials
from making appointments during the last days of his or her tenure.
Rufino vs. Endriga, G.R. Nos. 139554 and 139565, July 21, 2006, a
statute cannot
circumvent the constitutional limitations on the power to appoint by filling
vacancies in a
public office through election by the co-workers in that office. Such manner
of filling
vacancies in a public office has no constitutional basis. And since the
pertinent section
is unconstitutional, the President has the power to appoint the trustees by
virtue of
Section 16, Article VII which gives the President the power to appoint officers
whose
appointments are not provided for by the law.
POWER OF REMOVAL
General Rule: This power is implied from the power to appoint.
Exceptions: Those appointed by him where the Constitution prescribes
certain
methods for separation from public services.
Example: Members of the Constitutional Commissions, Justices of the SC
may
only be removed through impeachment
Members of the career service of the Civil Service who are appointed by the
President may be directly disciplined provided that the same is for cause and
in
accordance with the procedure prescribed by law.
Members of the Cabinet and such officers whose continuity in office depends
upon the pleasure of the President may be replaced at any time, but legally
speaking,
their separation is effected not by removal but by expiration of their term.
(Aparri vs.
Court of Appeals, 127 SCRA 231)
POWER OF CONTROL
Sec. 17, Article VII: The President shall have control of all the executive
departments,
bureaus and offices. He shall ensure that the laws be faithfully executed.
Faithful Execution Clause
As Chief Executive, the President holds the steering wheel that controls the
course of her governmentshe lays down policies in the execution of her
plans and
programs, and whatever policy, she chooses, she has her subordinates to
implement
them. (Chavez vs. Romulo, G.R. No. 157036, June 9, 2004)

Controlis the power to alter or modify or nullify or set aside what a

subordinate had
done in the performance of his duties and to substitute the judgment of the
former for
that of the latter.
Supervisionmeans overseeing, or the power or authority of an officer to
see that
subordinate officers perform their duties, and if the latter fail or neglect to
fulfill them,
then the former may take such action or steps as prescribed by law to make
them
perform these duties.
Doctrine of Qualified Political Agency or the Alter Ego Doctrine
Acts of the Secretaries of executive departments when performed and
promulgated in
the regular course of business or unless disapproved or reprobated by the
Chief
Executive, are presumptively the acts of the Chief executive.
In the case of DENR vs. DENR Region XII Employees, G.R. No. 149724,
August 19, 2003, the power of the President to reorganize the National
Government
may validly be delegated to his Cabinet members exercising control over a
particular
executive department. Accordingly, in this case, the DENR Secretary can
validly
reorganize the DENR by ordering the transfer of the DENR Regional Offices
from
Cotabato City Koronadal, South Cotabato. The exercise of this authority by
the DENR
Secretary, as an alter ego of the President, is presumed to be the act of the
President
because the latter had not expressly repudiated the same.
However, in the case of Gloria vs. Court of Appeals, G.R. No. 119903,
August
15, 2000, the SC held that even if the DECS Secretary is an alter ego of the
President,
he cannot invoke the Presidents immunity from suit in a case filed against
him,
inasmuch as the questioned acts are not those of the President.
The power of control may be exercised by the President only over the acts
not
over the actor (Angangco vs. Castillo, 9 SCRA 619)
POWER OF GENERAL SUPERVISION OVER LOCAL GOVERNMENTS
(Section 4,
Article X)the President can only interfere in the affairs and activities of a
LGU if he

finds that the latter acted contrary to law. The President or any of his alter
egos, cannot
interfere in local affairs as long as the concerned LGU acts within the
parameters of the
law and the Constitution. Any directive, therefore, by the President or any of
his alter
egos seeking to alter the wisdom of a law-conforming judgment on local
affairs of a LGU
is a patent nullity, because it violates the principle of local autonomy, as well
as the
doctrine of separation of powers of the executive and the legislative
departments in
governing municipal corporations. (Judge Dadole vs. COA, G.R. No.
125350,
December 3, 2002)
The President exercises general supervision, not control, over local
governments. The
power is generally to see to it that the LGUs perform their powers and
functions in
accordance with law.
MILITARY POWERS
Section 18, Article VII:
1. The Commander-in-Chief Clause
To call out the Armed forces to prevent or suppress lawless violence,
invasion
or rebellion.
Organize courts martial for the discipline of the armed forces and create
military
commissions for the punishment of war criminals.
Calling-out powerlawless violence declare martial law & suspend the writ of
HC
Rebellion invasion when the public safety
Invasion rebellion so requires
Gudani vs. Senga, G.R. No. 170165, August 15, 2006 (Tinga), the
ability of the
President to require a military official to secure prior consent before
appearing
before Congress pertains to a wholly different and independent specie of
presidential authoritythe commander-in-chief powers of the President. By
tradition
and jurisprudence, the commander-in-chief powers of the President are not
encumbered by the same degree of restriction as that which may attach to
executive
privilege or executive control.
2. Suspension of the privilege of the writ of habeas corpus
Grounds: invasion or rebellion, when public safety requires it.

Duration: not to exceed 60 days, following which it shall be lifted unless

extended
by Congress
Duty of the President: To report action to Congress within 48 hours,
personally or
in writing
The Congress may revoke or extend, on request of the President, the
effectivity
of proclamation by a majority vote of all its Members, voting jointly.
The suspension applies only to persons judicially charged for rebellion or
offenses inherent in or directly connected with invasion.
During the suspension of the privilege of the writ of habeas corpus, any
person
thus arrested or detained shall be judicially charged within three (3) days,
otherwise he
shall be released.
3. Proclamation of Martial Law
Constitutional safeguards on the exercise of the power of the President to
proclaim martial law
a. There must be actual invasion or rebellion;
b. The duration of the proclamation shall not exceed 60 days;
c. Within 48 hours, the President shall report his action to Congress. if
Congress is not in session, it must convene within 24 hours;
d. Congress may, by majority vote of all its members voting jointly, revoke
the proclamation, and the President cannot set aside the revocation;
e. By the same vote and in the same manner, upon initiative of the
President, Congress may extend the proclamation if the invasion or
rebellion continues and public safety requires it;
f. 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 the writ of habeas corpus or the
extension thereof, and must promulgate its decision thereon within 30
days from its filing;
g. It does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the
confinement of jurisdiction on military courts and agencies over civilians
where civil courts are able to function, nor automatically suspend the
privilege of the writ.
Olaguer doctrineaka OPEN COURT DOCTRINEcivilians cannot be tried
by
military courts if the civil courts are open and functioning (Olaguer vs.
Military
Commission No. 34, G.R. No. L-54448, May 22, 1987)
4 ways for the proclamation or suspension to be lifted:
1. Lifting by the President himself;
2. Revocation by Congress;

3. Nullification by the SC;

4. Operation of law after 60 days.
PARDONING POWER
Exercise by the President: Discretionary; may not be controlled by the
legislature
or reversed by the courts unless there is violation of the Constitution.
Section 19, Article VII is simply the source of power of the President to grant
reprieves, commutations, and pardons and remit fines and forfeitures after
conviction by
final judgment. This provision, however, cannot be interpreted as denying
the power of
courts to control the enforcement of their decisions after the finality. In truth,
an accused
that has been convicted by final judgment still possesses collateral rights
and these
rights can be claimed in the appropriate courts. For instance, a death convict
who
becomes insane after his final conviction cannot be executed while in the
state of
insanity. (See Article 79 of the Revised Penal Code)
Article 81 of the Revised Penal code, as amended, which provides that the
death sentence shall be carried out without prejudice to the exercise by the
President of
his executive clemency powers at all times. For instance, the President
cannot grant
reprieve, i.e., postpone the execution of a sentence to a day certain in the
absence of a
precise date to reckon with. The exercise of such clemency power, at this
time, might
even work to the prejudice of the convict and defeat the purpose of the
Constitution, and
the applicable statute as when the date of execution set by the President
would be
earlier than that designated by court. (Echegaray vs. Secretary of
Justice, 301 SCRA
96)
1. Pardonan act of grace which exempts the individual on whom it is
bestowed
from punishment which the law inflicts for a crime he has committed.
a. Plenary or partial
b. Absolute or conditional
Conditional pardonis in the nature of a contract between the sovereign
power
or the Chief Executive and the convicted criminal to the effect that the
former will

release the latter subject to the condition that if he does not comply with the
terms of the pardon, he will be recommitted to prison to serve the unexpired
portion of the sentence or an additional one.
2. Commutationreduction or mitigation of penalty
3. Reprievepostponement of sentence or stay of execution
4. Parolerelease from imprisonment, but without full restoration of liberty,
as
parolee is in custody of the law although not in confinement
5. Amnestyact of grace, concurred in by the Legislature, usually extended
to
groups of persons who committed political offenses, which puts into oblivion
the
offense itself.
Limitations:6
a. Cannot be granted in cases of impeachment;
b. Cannot be granted in violations of election laws without favorable
recommendations of the COMELEC;
c. Can be granted only after conviction by final judgment (except amnesty);
d. Cannot be granted in cases of legislative contempt or civil contempt;
e. Cannot absolve convict of civil liability;
f. Cannot restore public offices forfeited.
Amnesty
addressed to political offenses refers to infractions of laws of the state or
ordinary offenses
granted to a class or classes of persons
it need not be accepted
it requires the concurrence of Congress
it is a public act
it looks backward and puts the offense
into oblivion
Pardon
granted to individuals
it must be accepted
it does not need the concurrence of
Congress
it is a private act of the President
it looks forward and relieves the pardonee
of the consequences of the offense
Judicial admissions
Matters of judicial notice no need of proof
Judicial presumptions
In Llamas vs. Orbos, pardon is available also to one found guilty of
administrative
offense.

Section 19 of Article VII did not distinguish between a criminal and

administrative
offense.
Effect of grant of pardon:
In the case of Monsanto vs. Factoran, the accused was convicted of
malversation thru falsification of official documents. She was granted
absolute pardon.
She demanded for reinstatement and back salaries. The SC held that pardon
may
mean forgiveness but not forgetfulness. What was remitted is the penalty
and not the
fact of ones guilt. In the eyes of law, she was still a convict.
Exceptions:
1. Unless the grant expressly so provides for her reinstatement and payment
of
back salaries.
2. If the grant of pardon was based on the fact of the innocence of the one
charged
of the crime.
BORROWING POWER
The President may contract or guarantee foreign loans on behalf of the
Republic
with the concurrence of the Monetary Board, subject to such limitations as
may be
provided by law. The Monetary Board shall submit to the Congress report on
loans
within 30 days from end of every quarter.
Limitations:
1. There must be prior concurrence of the Monetary Board
2. It is subject to such other limitations
DIPLOMATIC/TREATY-MAKING POWER (Section 21, Article VII)
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.
In our jurisdiction, the power to ratify is vested in the President and not, as
commonly believed, in the legislature. The role of the Senate is limited only
to giving or
withholding its consent, or concurrence, to the ratification. (Bayan vs.
Zamora, G.R.
No. 138570, October 10, 2000)
This provision lays down the general rule on treaties or international
agreements
and applies to any form of treaty with a wide variety of subject matter. All
treaties or

international agreements entered into by the Philippines, regardless of

subject matter,
coverage, or particular designation or appellation, requires the concurrence
of the
Senate to be valid and effective.
But see Section 25 of Article XVIII. Under this provision, the concurrence of
the
Senate is only one of the requisites to render compliance with the
constitutional
requirements and to consider the agreement binding on the Philippines.
BUDGETARY 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.
The Congress may not increase the appropriation recommended by the
President. However, its form, content, manner of preparation of the budget
shall be
prescribed by Congress.
INFORMING POWERState of the Nation Address (Section 23, Article VII)
The President shall address Congress at the opening of its regular session (4th
Monday of July). He may also appear before it at any other time.
VETO POWER (Article VI)
RESIDUAL POWER Whatever is not judicial, whatever is not legislative, is
residual power exercised by the President.
OTHER POWERS
1. Power to call special session (Section 15, Article VI)
2. Power to deport aliens
3. Consent to deputization of government personnel by COMELEC
4. To discipline such deputies
5. By delegation from Congress, exercise emergency and tariff powers
Conditions for the exercise of the President of Emergency Powers:
a. It can be exercised only in times of war or national emergency;
b. There must be a law authorizing the President to exercise emergency
powers;
c. It must be for a limited period;
d. It must be subject to restrictions which Congress may provide; and
e. It must be necessary and proper to carry out a declared national policy.
6. Power to Reorganize the Office of the Presidentunder EO 292, the
Administrative Code of 1987
The law grants the President continuing authority to reorganize the Office of
the
President in recognition of the recurring need of every President to
reorganize his office

to achieve simplicity, economy and efficiency. The Office of the President is

the nerve
center of the Executive Branch. To remain effective and efficient, the Office
must be
capable of being shaped and reshaped by the President in the manner he
deems fit to
carry out his directives and policies.
Power to reorganize the Office of
the President [Sec. 31 (2&3), EO
292]
Power to reorganize the Office of the
President Proper [Sec. 31 (1), EO
292]
The Presidents power to reorganize
offices outside the Office of the
The President can reorganize the
Office of the president Proper by:
President Proper is limited to merely
transferring functions or agencies from
the Office of the president to
Departments or Agencies, and vice
versa.
a. Abolishing;
b. Consolidating or merging units;
c. Transferring functions from one
unit to another.
Domingo vs. Zamora, G.R. No. 142283, February 6, 2003
Malaria Employees and Workers Association of the Philippines
(MEWAP) vs.
Executive Secretary Romulo, G.R. No. 160093, July 31, 2007, the
President has the
authority to carry out a reorganization of the DOH under the Constitutions
and statutory
laws. This authority is adjunct of his power of control under Article VII,
Sections 1 and
17. The Presidents power to re0organize the executive branch is also an
exercise of his
residual powers. However, the President must exercise good faith in carrying
out the
reorganization of any branch or agency of the executive department.
IMPOUNDMENT POWER
Impoundment refers to the refusal of the President, for whatever reason, to
spend funds made available by Congress. It is the failure to spend or obligate
budget
authority of any type.

Proponents of impoundment have invoked at least three (3) principal sources

of
the authority of the President.
1. authority to impound given to him either expressly or impliedly by
Congress
2. the executive power drawn from the Presidents role as Commander-inChief
3. Faithful Execution Clause
The proponents insist that a faithful execution of the laws requires that the
President desist from implementing the law if doing so would prejudice public
interest.
An example given is when through efficient and prudent management of a
project,
substantial savings are made. In such a case, it is sheer folly to expect the
President to
spend the entire amount budgeted in the law. (PHILCONSA vs. Enriquez,
235 SCRA
506)