EXECUTIVE DEPARTMENT

SECTIONS 13-23

Bervilene Tesoro

Abigail Nicdao

Sec. 13.The President, the 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.

The spouse and relatives by consanguinity or affinity within the fourth 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.

Sec. 14.

Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety days from his assumption or reassumption of office.

Acting President:• Exercises the powers & functions of the Office of the President• NOT the incumbent President• has not become a President to serve the unexpired portion of the term

Sec. 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.

Sec. 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 consul, 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 the appointments during the recess of the Congress whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress.

Sec. 16.

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.

Sec. 16. Nature of power to appoint

The power of appointment is intrinsically an executive prerogative

Legislative bodyCreates the office

May also appoint those officers who are necessary to the exercise of their own functions

Provides the compensationLimits its duration

Defines its power

Sec. 16. Officials whose appointments are vested in the President The heads of executive departments, ambassadors, and other

public ministers and consuls; The officers of the Armed Forces of the Philippines from the

rank of colonel or naval captain Other officers whose appointments are vested in the President

by the Constitution All other officers of the Government whose appointments are

not otherwise provided for by the law, and they refer to officers to be appointed to lower offices created by Congress where the latter omits to provide for appointments to said offices, or provides in an unconstitutional way for such appointments; and

Those whom he may be authorized by law to appoint such as the government-owned or controlled corporations, department undersecretaries, heads of bureaus and offices, and other officials

Under other provisions Members of the Supreme Court Judges of lower court (including

Sandiganbayan) The regular members of the Judicial and

Bar Council The Chairman and the Commissioners of

the Civil Service Commission The Chairman and the Commissioners of

the Commission on Audit Ombudsman and his Deputies

Securities and Exchange

Commission

Insurance Commission

National Irrigation Administration

Members of the Judiciary

Chairman and Members of the Commission of Human Rights

Ombudsman and his Deputies

Ranking of officers of the PNP

Kinds of presidential appointments(required to be submitted to the Commission on Appointments)

1. Regular appointments

2. Ad interim appointments

1. Regular appointments

Nomination by the President

Consent by the Commission on Appointments

Appointment by the President

2. Ad interim appointments Voluntary- before the adjournment

Compulsary- when Congress adjourns

Kinds of appointment in the career services:

Permanent

Temporary or acting

Steps in the appointing process:

APPOINTMENT

ACCEPTANCE

Kinds of Acceptance: 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 an 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

Removal power of the President

Not expressly granted Impliedly granted Removal power of other officers

Extent of the President’s Power to remove Exercising purely executive functions

whose tenure is not fixed by law. Exercising quasi-legislative or quasi-

judicial functions Constitutional officers (impeachment) Civil service officers

Sec. 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 officers

Role of President as administrator Powers giving control

Nature and extent of the power of control Over cabinet members Over other subordinate officers Over officers and employees in the

career service

Power to insure that the laws be faithfully executed

Primary function of President More of a mandatory duty than a power

Sec. 18The President shall be 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 thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of 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 the writ or the extension thereof, and must promulgate thereon within thirty days from filing.

A state of martial law does not suspend the operation of the Constitution, not 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 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, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Military power of the President

1. Powers to meet emergency situationsA. to call out the armed forces to prevent or

suppress lawless violenceB. to suspend the privilege of the writ of

Habeas CorpusC. to declare martial law

Commander- in- Chief of the Armed Forces

Powers of President as Commander-in-Chief of the Armed Forces

o Not a member of the Armed Forceso Not subject to court martial or military

disciplineo Has control of the military organization

and personnel o Has the power to callout the armed

forces to prevent suppress lawless violence

However, even in a state of martial law military courts and agencies have no jurisdiction over civilians where civil courts are able to function.

In event of war, the President, normally, would delegate the actual command of the armed forces to his military experts. But the ultimate command belongs to him

Authority of Congress over Armed Forces

Congress shares with the President his authority over the armed forces. It supplies the money and make the laws for their governance. To it belongs the sole power to declare the existence of a state of a war.

Power to suspend privilege of writ of habeas corpus

There must be invasion or rebellion

The public safety must require the suspension

Meaning of martial law 1. It includes all laws that have reference to and

are administered by the military forces of the state.A. the military law properB. the rules governing the conduct of military forces in

times of war and in places under military occupation.

2. It is the 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 Basis Object Duration

Restriction on the exercise of the two powers 1. there must be invasion or rebellion and public safety

requires the proclamation or suspension 2. the duration should not exceed 60 days unless extended

by congress upon the initiative of the President 3. the President must submit a report in person or in writing

to Congress within 48 hours from the proclamation or suspension

4. the proclamation or suspension may be revoked by majority vote of all members of Congress voting jointly which revocation shall not be set aside by the President.

5. the Supreme Court may inquire into the sufficiency or factual basis of the proclamation or suspension.

6. the effects of a state of martial law are clearly spelled out, to define the extent of the martial power.

Effects of a state of martial law

1. Operation of the Constitution 2. Functions of civil courts and

legislative assemblies 3. Jurisdiction of military courts and

agencies 4. Privilege of the writ of habeas corpus

Sec. 19.

Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, may 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 Members of the Congress.

Pardoning Power

The pardoning power extends to all offenses, including criminal contempt (disrespect to or disobedience to a court which amounts to a crime). It does not give the President the power to exempt, except from punishment, anyone from the law.

Reprieve- postponement of the execution of a death sentence to a certain date.

Commutation- 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 the convict.

Pardon- 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 law inflicts for a crime he has committed.

Kinds of pardon

Absolute

Conditional

Limitations upon pardoning power 1. It may not be exercised for offenses in

impeachment cases 2. It may be exercised only after conviction

by final judgement 3. It may not be exercised over civil contempt 4. 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.

Effects of Pardon

1. It removes penalties and disabilities and restores him to his full civil and political rights.

2. It does not discharge the civil liability of the convict to the individual he has wronged as the President has no power to pardon a private wrong.

3 It does not restore offices, property, or rights vested in others in consequence of the conviction.

Remission- prevents the collection of fines or the confiscation of forfeited property.

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

Pardon and amnesty distinguished 1. Pardon is grated by the President alone after

conviction, while amnesty with the concurrence of Congress before or after conviction

2. Pardon is an act of forgiveness, while amnesty is the act of forgetfulness.

3. Pardon is grated 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, while amnesty by proclamation of the President with the concurrence of Congress is a public act of which the courts will take judicial notice.

Sec. 20.

The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence 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 decisions on applications for loans to be contracted or guaranteed by the Government or government- owned and –controlled corporations which would have effect of increasing the foreign debt, and containing other matters as may be provided by law.

Authority to contract and guarantee foreign loans 1. Exclusive executive function 2. Concurrence of Monetary Board

required 3. Checks by Congress

Sec. 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.

Treaty- compact made two or more states, including international organizations of states, intended to create binding rights and obligations upon the parties thereto.

Steps in treaty- making

Negotiation

Approval or ratification

Sec. 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, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

Sec. 23.

The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.