Module 6 The Executive Branch
Module 6 The Executive Branch
Module 6 The Executive Branch
SECOND QUARTER
UNIT TITLE: THE EXECUTIVE
OBJECTIVES: At the end of the lesson, the students should be able to:
Explain the meaning of executive branch (President), Vice-President, and the Cabinet
Secretaries;
Discuss the different types of executive power; and
Enumerate the different responsibilities of the President of the Philippines.
The powers vested on the President carry with them a lot of discretion. Such a heavy responsibility requires
the Chief Executive to possess sufficient wisdom and intellect in order to execute the laws of the land, while
faithfully complying with the limits set by
The executive power is vested in the President of the Philippines, as provided in Section I, Article VII of the
1987 Constitution, which reads: "The executive power shall be vested in the President of the Philippines."
Section 17 of the same Article of the Constitution also provides that the President shall ensure that the laws
shall be implemented: "He shall ensure that the laws be faithfully executed." mandate is reflected in Section 1,
Chapter 1, Title I, Book Il of the Executive Order No. 292, the Revised Administrative Code.
Although the 1987 Constitution does not define what executive power is, Article VII enumerates the other
powers of the President aside from executing the laws. These are:
I. the power of control over all executive departments, bureaus, and offices;
the appointing power;
the powers under the commander-in-chief clause;
the power to grant reprieves, commutations, and pardons;
The President of the Philippines is elected by direct vote by the people for a term of six years. He may only
serve for one term, and is ineligible for re-election. The term of the President of the Philippines starts at noon of
the 30th day of June after the election.
The qualifications for an individual aspiring to become the resident of the Philippines are outlined in Article
VII, Section 2 of the 1987 Philippine Constitution, an individual may become the President provided he meets
the following criteria:
The Vice-President must have the same qualifications as the President. The Constitution does not prescribe any
educational, academic, or literacy qualifications except only the ability to read and write, in line with the
egalitarian objectives of our democratic society.
Egalitarian means equal.
The President of the Philippines has the mandate of control over all the executive departments, bureaus, and
offices. This includes restructuring, reconfiguring, and appointments of their respective officials. The
Administrative Code also provides for the President to be responsible for the abovementioned offices’ strict
implementation of laws.
The President of the Philippines has the power to give executive issuances, which are means to streamline the
policy and programs of an administration. There are six issuances that the President may issue. They are the
following as defined in the Administrative Code of 1987:
Executive orders — Acts of the President providing for rules of a general or permanent character in
implementation or execution of constitutional or statutory powers shall be promulgated in executive
orders.
Administrative orders — Acts of the President which relate to particular aspects of governmental
operations in pursuance of his duties as the administrative head shall be promulgated in administrative
orders.
Proclamations — Acts of the President fixing a date or declaring a status or condition of public moment
or interest, upon the existence of which the operation of a specific law or regulation is made to depend,
shall be promulgated in proclamations which shall have the force of an executive order.
Memorandum circulars — Acts of the President on matters relating to internal administration, which the
President desires to bring to the attention of all or some of the departments, agencies, bureaus, or offices
of the government, for information or compliance, shall be embodied in memorandum circulars.
General or special orders — Acts and commands of the President in his capacity as commander-in-
chief of the Armed Forces of the Philippines shall be issued as general or special orders.
The President of the Philippines has certain powers over non-Filipinos in the Philippines. The powers he may
exercise over foreigners in the country are as follows:
The chief executive may have an alien in the Philippines deported from the country after due process.
The President may change the status of a foreigner, as prescribed by law, from a non-immigrant status to
a permanent resident status without necessity of visa.
The President may choose to overrule the Board of Commissioners of the Bureau of Immigration before
their decision becomes final and executory (after 30 days of the issuance of the decision). The Board of
Commissioners of the Bureau of Immigration has jurisdiction over all deportation cases.
The president is also mandated by the Administrative Code of 1987 to exercise powers as recognized by
the generally accepted principles of international law.
LINE OF SUCCESSION
The constitution provides for a line of succession in the event that the elected President of the Philippines is not
able to discharge the duties of his office due to death, disability, or resignation. The following is the line of
succession:
Contrary to popular belief, the constitution doesn’t include the Chief Justice of the Supreme Court in the
President’s line of succession.
The Congress of the Philippines is mandated enact a law calling for a special election three days after the
vacancy in the Office of the President and Vice President. The special election should occur 40 days after the
enactment of the law, but not later than 60 days after the enactment of the law.
The Vice President of the Philippines is elected by direct vote by the people for a term of six years, and may run
for re-election once. The term of the Vice President of the Philippines starts at noon of the 30th day of June
after a regular election is held.
DUTIES OF VICE-PRESIDENT
According to the constitution, the vice president may concurrently assume a cabinet position should the
President of the Philippines offer the former one. The vice president will become a secretary concurrent to the
position of vice president.
Aside from the cabinet post, the vice president is mandated to assume the presidency in case of the death,
disability, or resignation of the incumbent President.
The number of cabinet secretaries varies from time to time depending on the need of an administration.
According to the Administrative Code of 1987, the President of the Philippines may create or dissolve any
department as he sees fit.
According to the Article 7, Section 16, the President may appoint anyone to executive departments with the
consent of the Commission on Appointments. Names of individuals nominated to cabinet posts are submitted to
the Commission on Appointments for their consideration.
An individual may not assume his post in a given department unless confirmed by the Commission on
Appointments. However, the constitution provides for individuals becoming cabinet secretaries in an acting
capacity before they are confirmed. According to Article VII, Section 16 of the constitution, the president may
appoint anyone to cabinet posts even if Congress is in recess. These appointments are valid until the
Commission on Appointments disapproves them, or at the end of the next session of Congress.
Not all cabinet members, however, are subject to confirmation of the Commission on Appointments. According
to the Commission of Appointments website, the following need confirmation in order to assume their posts:
1. Executive Secretary
2. Secretary of Agrarian Reform
3. Secretary of Agriculture
4. Secretary of Budget and Management
5. Secretary of Education
6. Secretary of Energy
7. Secretary of Environment and Natural Resources
8. Secretary of Finance
9. Secretary of Foreign Affairs
10. Secretary of Health
11. Secretary of Justice
12. Secretary of Labor and Employment
13. Secretary of National Defense
14. Secretary of Public Works and Highways
15. Secretary of Science and Technology
16. Secretary of Social Welfare and Development
17. Secretary of the Interior and Local Government
18. Secretary of Trade and Industry
19. Secretary of Transportation and Communications
20. Secretary of Tourism
21. Commission on Higher Education
22. Director General of the National Economic and Development Authority
As stated above, a cabinet secretary is the alter ego of the President in their respective departments. Thus, they
possess the power to issue directives relative to their departments, such as department orders. These orders only
apply to offices under a specific department under the cabinet secretary’s jurisdiction. Cabinet secretaries also
act as advisors to the President of the Philippines for their areas.
EXPECTED TASK
NOTE: Please do not COPY PASTE from the internet. PLAGIARISM is strictly prohibited.