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Group IV Leader: Ronnie Rose Duque

› Jessica S. Rodriguez› Kharen L. Laman› Mary Jane B. Rosales› Catherine G. Cabauatan› Maricon R. Gumangan› Orlando C. Uggadan› Michael Amata› Rolen Carniyan› John Michael

› BSIT 3-B

Article VII

EXECUTIVE DEPARTMENT

Meaning of Executive Department

Executive power been defined as the power to administer the laws, which means carrying them into practical operation and enforcing their due observance.

Qualifications of the President and Vice-President

1. He is a natural-born citizen of the Philippines;

2. He is a registered voter;3. He is able to read and write;4. He is at least forty(40) years of age

on the day of the election (not proclamation or assumption of office) for President; and

5. He is a resident of the Philippines for at least ten(10) years immediately preceding such election.

Term of office of the President and Vice-President

The President and Vice-President enjoy the security of tenure. Their term 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 (6) years thereafter.”

The President -elect and Vice-President-elect shall assume their office at the beginning of their terms.

Canvassing of returns and proclamation

1. Returns transmitted to Congress.

2. Plurality rule sanctioned.3. Candidate to be

proclaimed.

SEC.5. Before they enter on the execution of their office, 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, executive it’s laws, do justice to everyman, and consecrate myself to the service of the Nation. So help me God. ”(In case of affirmation, last sentence will be omitted.)

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.”

Appointment is the act of designation by the executive officer, board, or body to whom the power has been delegated, of the individuals who is to exercise the functions of the given office

Kinds of Presidential appointments

o Regular Appointments or those made during the session of Congress.

o Ad Interim Appointments or those made during a recess of Congress

Removal power of the President

o Implied from the nature of executive power of the President.

o Removal – the ouster of the incumbent before the expiration of his term.

Extent of the Removal power of the Pres.:

Cabinet members – the president may be remove them with or without cause;

Officers exercising quasi-legislative/quasi-judicial functions – may be removed only on grounds provided by law;

Constitutional Officers – removable only by means of impeachment; and

Civil service officers – the President may remove them only for a cause provided by law.

Military power of the President

the constitutional makes the President the Commander-in-chief of the Armed Forces of the Philippines.

3 Extraordinary measures the President may utilize during emergency situations:o Call out the Armed forceso Power to suspend the privilege of writ of

habeas corpus

Writ of habeas Corpus – an order issued by the court, directed to the person detaining another, commanding him to produce the body of the prisoner at the designated time and place, and to show sufficient cause for holding him in custody.

o Power to declare Martial Law

Kinds of appointment in the career services.

o 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.

o Temporary or acting one which 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 appropriate may be replaced sooner if qualified civil service eligible becomes available.

Steps in the appointing process.

Appointment - it is the act of the appointing

power. Acceptance – It is the act of the

appointee.

Kinds of Acceptance

Acceptance maybe:

Express – When done verbally or in writing ; and

Implied – when, without formal acceptance, the appointee enters upon the exercise of the

duties and functions of the office.

Designation is 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.

Meaning of Martial Law

1. In its comprehensive sense, it includes all laws to have reference to and are administered by the military forces of the state.

2. In its strict sense, it is that law which has application when the military arm does not supersede civil authority but is 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. It is as essential to the existence of the nation as the right to declare and carry on war.

2. Object – preservation of the public safety and good order.

3. Duration – Sec. 18(par.1.) seta a time limit for the duration of the state of martial law and suspension of the privilege of the writ of habeas corpus – 60 days – unless revoked or extended by Congress, voting jointly, by a majority vote of all its members, in regular or special session.

Effects of a state of Martial Law

a) Operation of the Constitutionb) Function of civil courts and

legislative assembliesc) Jurisdiction of military courts and

agenciesd) Privilege of the writ of habeas

corpus

Pardoning Power

Traditionally vested in the President/Chief Executive.

Reprieve – the postponement of the execution of a death sentence to a certain death.

Suspension - the postponement of a death sentence to an indefinite time.

Commutation – the reduction of a sentence imposed to a lesser punishment.

Pardon - an act of grace from the President which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed.

Kinds of Pardon:

1. Absolute – it is not subject to any condition.

2. Conditional – when it is given, subject to any condition or qualification the President may see fit..

Amnesty – an act sovereign power granting oblivion or a general pardon for a past offense, usually granted in favor of certain classes of person who have committed crimes of a political character, such as treason, sedition , or rebellion.

Authority to contract and guarantee foreign loans.

1. Exclusive executive function2. Concurrence of the Monetary

Board3. Checks by Congress

Treaty–Making Power – a compact made between two or more states, intended to create binding rights and obligations upon the parties thereto.

Steps in treaty-making:1. Negotiation - in the field of initiation

and negotiation, the President alone has the sole authority.

2. Approval or ratification – no treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of the Senate.

Budgetary Power

› The Constitution entrusts to the President the task of preparing the budget [ of receipts and expenditures based on existing and proposed revenue measures and other sources of financing ] and submitting it to the Congress within 30 days from the opening of its regular session. The budget submitted by the President shall be the basis of the annual or general appropriations (national budget) to be enacted by Congress for the following year.

Prerogative to address and appear before Congress:

› This provision gives the President the opportunity to give her “State of the Nation Address” (SONA) at the opening of the regular session of the Congress, and to recommend to Congress the consideration of such [legislative] measures as he may deem necessary. The address may also contain guidelines of national policy.

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