Module 6
Module 6
Module 6
Module 6
Introduction
Power in the government is basically divided
among the three branches:
the executive,
judicial and
legislative.
This module gives you an overview of the
functions and roles of a president and all other
people or agencies associated with the
executive branch of the government.
Functions of the Executive Branch
Article VII, Section 1, of the 1987 Constitution
vests executive power on the President of the
Philippines.
The President is the Head of State and Head of
Government, and functions as the commander-
in-chief of the Armed Forces of the Philippines.
As chief executive, the President exercises
control over all the executive departments,
bureaus, and offices.
The qualifications for an individual aspiring
to become the President of the Philippines
are outlined in
Article VII, Section 2 of the 1987 Constitution.
According to the constitution, an individual may
become President provided he meets the
following criteria:
natural born Filipino;
a registered voter;
must be able to read and write;
40 years of age at the day of the election; and
must have resided in the Philippines ten years before
the election is held.
POWERS OF THE PRESIDENT
Besides the constitution, the powers of the
President of the Philippines are specifically
outlined in Executive Order No. 292, s. 1987,
otherwise known as the Administrative Code
of 1987.
The following powers are:
1. Power of control over the executive
branch
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.
2. Power ordinance power
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 orders
Acts of the President on matters of
administrative detail, or of subordinate or
temporary interest which only concern a
particular officer or government office shall be
embodied in memorandum orders.
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.
It is important to note that during the term of
President Ferdinand E. Marcos, he used executive
issuances known as presidential decrees as a form
of legislation. These decrees have the full force and
effect of laws because at the time the legislature did
not exist and, when the 1973 Constitution was put
into full force and effect, it gave the power to the
President to do as such. This continued until the
first year of President Corazon C. Aquino’s term.
However, President Aquino opted to used executive
orders instead of presidential decrees. President
Aquino’s executive orders, however, still had the
full force and effect of laws until the ratification of
the 1987 Constitution.
3. Power over aliens
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.
4. Powers of eminent domain, escheat, land
reservation and recovery of ill-gotten wealth
The President of the Philippines has the authority to
exercise the power of eminent domain.
The power of eminent domains means the state has the
power to seize or authorize the seizure of private property
for public use with just compensation.
There are two constitutional provisions, however, that limit
the exercise of such power:
Article III, Section 9
(1) of the Constitution provides that no person shall be deprived of
his/her life, liberty, or property without due process of law.
Furthermore, Article III, Section 9
(2), provides that private property shall not be taken for public use
without just compensation
Once the aforementioned conditions
are met, the President may exercise
the power of eminent domain which
are as follows:
Power of eminent domain
The President shall determine when it is
necessary or advantageous to exercise the
power of eminent domain in behalf of the
national government, and direct the solicitor
general, whenever he deems the action
advisable, to institute expropriation
proceedings in the proper court.
Power to direct escheat or reversion
proceedings
The President shall direct the solicitor general
to institute escheat or reversion proceedings
over all lands transferred or assigned to
persons disqualified under the constitution to
acquire land.
Power to reserve lands of the public
and private domain of the
government
(1) The president shall have the power to reserve
for settlement or public use, and for specific
public purposes, any of the lands of the public
domain, the use of which is not otherwise
directed by law.
The reserved land shall thereafter remain subject
to the specific public purpose indicated until
otherwise provided by law or proclamation.
(2) He shall also have the power to reserve from
sale or other disposition and for specific public
uses or purposes, any land belonging to the
private domain of the government, or any of
the friar lands, the use of which is not otherwise
directed by law, and thereafter such land shall
be used for the purposes specified by such
proclamation until otherwise provided by law.
Power over ill-gotten wealth
The President shall direct the solicitor general
to institute proceedings to recover properties
unlawfully acquired by public officials or
employees, from them or from their nominees
or transferees.
Within the period fixed in, or any extension
thereof authorized by, the constitution, the
President shall have the authority to recover ill-
gotten properties amassed by the leaders and
supporters of the previous regime, and protect
the interest of the people through orders of
sequestration or freezing of assets or accounts
5. Power of appointment
The President may appoint officials of the
Philippine government as provided by the
constitution and laws of the Philippines.
Some of these appointments, however, may
need the approval of the Committee on
Appointments (a committee composed of
members from the House of Representatives
and the Senate of the Philippines).
6. Power of general supervision over local
governments
The President of the Philippines, as chief
executive, has the mandate to supervise local
governments in the Philippines, despite their
autonomous status as provided by Republic
Act No. 7160 otherwise known as the Local
Government Code of 1991.
Traditionally, this is done by the Department of
the Interior and Local Government, headed by
a cabinet secretary—an alter ego of the
President.
7. Other powers
Aside from the aforementioned powers of the
President of the Philippines, he can also
exercise powers enumerated in the
constitution, and powers given to him by law.
Facts:
in Office
Department Acronym Office Incumbent
since
Secretary of
Agrarian
Reform
Department of DAR (KRP)
KalihimngRep
Agrarian
ormangPansa
Reform
kahan
Kagawaranng
Repormang
Pansakahan
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Agriculture
DA (KPS)
KalihimngPag
Department of
sasaka
Agriculture
Kagawaran
ngPagsasaka
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Budget and
Management
Department of
DBM (KPP) Kalihim ng
Budget and
Pagbabadyet
Management
at
Kagawaran ng
Pamamahala
Pagbabadyet
at
Pamamahala
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Education
DepEd (KEd)
Kalihimng
Department of
Edukasyon
Education
Kagawaran
ngEdukasyon
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Energy
DOE (KEn)
Kalihim ng
Department of
Enerhiya
Energy
Kagawaran
ngEnerhiya
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Environment
Department of and Natural
Environment DENR Resources
and Natural (KKLK) Kalihim
Resources ngKapaligiran
Kagawaran at Likas na
ngKapaligiran Kayamanan
at Likas na
Kayamanan
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Finance
DOF (KNP)
Kalihim
Department of
ngPananalapi
Finance
Kagawaran
ngPananalapi
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Foreign
Affairs
Department of DFA (KUP)
Kalihim
Foreign
ngUgnayang
Affairs
Panlabas
Kagawaran
ngUgnaya
ngPanlabas
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Health
DOH (KNKL)
Kalihim ng
Department of
Kalusugan
Health
Kagawaran
ngKalusugan
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Department of
Information and
Information and
Communications
Communications
Technology
Technology
Kalihim
Kagawaran
ngTeknolohiyang
ngTeknolohiya ng
DICT (KTIK) Pang-
Pang-Impormasyon
Impormasyon at
at Komunikasyon
Komunikasyon
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Department of Secretary of
the Interior the Interior
and Local and Local
Government Government
Kagawaran Kalihim
DILG (KIPL)
ngInteryor at ngInteryor at
Pamahalaang Pamahalaang
Lokal Lokal
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Justice
DOJ (KNKT)
Kalihim
Department of
ngKatarungan
Justice
Kagawaran
ngKatarungan
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Labor and
DOLE Employment
Department of
(KNPE) Kalihim
Labor and
ngPaggawa at
Employment
Empleyo
Kagawaran
ngPaggawa at
Empleyo
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
National
Defense
Department of DND (KTP)
Kalihim
National
ngTanggulang
Defense
Pambansa
Kagawaran
ngTanggulang
Pambansa
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Public Works
and Highways
Department of DPWH
Public Works (KPBL) Kalihim
and Highways ngPagawaing
Kagawaran Bayan at
ngPagawaing Lansangan
Bayan at
Lansangan
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Science and
Technology
Department of DOST (KNAT)
KalihimngAgh
Science and
am at
Technology
Teknolohiya
Kagawaranng
Agham at
Teknolohiya
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Social Welfare
Department of and
Social Welfare DSWD Development
and (KKPP) Kalihim ng
Development Kagalingang
Kagawaran ng Panlipunan at
Kagalingang Pagpapaunlad
Panlipunan at
Pagpapaunlad
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Tourism
DOT (KNT)
Kalihim
Department of
ngTurismo
Tourism
Kagawaran
ngTurismo
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Trade and
Industry
Department of DTI (KKI)
Kalihim
Trade and
ngKalakalan
Industry
at Industriya
Kagawaran
ngKalakalan
at Industriya
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Secretary of
Transportation
DOTr (KNTr)
Kalihim ng
Department of Transportasyon
Transportation
Kagawaranng
Transportasyon
SOME OFFICIALS HAVE CABINET-LEVEL RANK, BUT
ARE NOT SECRETARIES OF EXECUTIVE
DEPARTMENTS, MEANING THOSE PEOPLE ARE
PERMITTED TO ATTEND CABINET MEETINGS FOR
SPECIAL PURPOSES
in Office
Department Acronym Office Incumbent
since
Vice President
OVP (TPP) Pangalawang
Office of the
Pangulo
Vice President
Tanggapan ng
Pangalawang
Pangulo
Departments of the Philippine
Government
Executive
Secretary
ES (TKT)
Executive Kalihim
Secretary Tagapagpaganap
Tanggapan
ngKalihim
Tagapagpaganap
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Cabinet
Office of the Secretary
OCS (TKG)
Cabinet Kalihim ng
Secretary Gabinete
Tanggapan
ngKalihim ng
Gabinete
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Presidential
Spokesperson
Office of the OPS (TTP)
Tagapagsalita
Presidential
ng Pangulo
Spokesperson
Tanggapan ng
Tagapagsalita
ngPangulo
Departments of the Philippine
Government
Chairman of the
Housing and Housing and
Urban Urban
Development Development
Coordinating Coordinating
Council Council
HUDCC
Sangguniang TagapangulongS
(SPPPP)
Pang- angguniang
koordinasyon sa Pang-
Pabahay at koordinasyon sa
Pambayang Pabahay at
Pagpapaunlad Pambayang
Pagpapaunlad
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
National
Security
National Adviser
NSC (PSP)
Security Tagapayo sa
Council Pambansang
Pambansang Seguridad
Sangguniang
Panseguridad
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Chairperson
of the
Commission
on Higher
Education
Commission CHED Tagapangulo
on Higher (KLME) ng Komisyon
Education sa Lalong
Komisyon sa Mataas na
LalongMataas Edukasyon
na Edukasyon
Departments of the Philippine
Government
Department Acronym Office Incumbent in Office since
Chief
Office of the Presidential
Chief Legal Counsel
OCPLC
Presidential Punong
(TPTPB)
Legal Counsel Tagapayo ng
Tanggapan ng Pangulosa
Punong Batas
Tagapayo ng
Pangulosa
Batas
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Head of the
Presidential
Presidential Management Staff
PMS (PNPP)
Management Pinuno ng
Staff Pampanguluhang
Pamunuan ng Pamamahala
Pampanguluhang
Pamamahala
Departments of the Philippine
Government
Secretary of the
National Commission National Commission
on Muslim Filipinos on Muslim Filipinos
Pambansang NCMF(PKLK) Tagapangulo ng
Komisyon sa mga Pambansang
Pilipinong Muslim Komisyon sa mga
Pilipinong Muslim
Chairperson of the
Commission on Commission on
Filipinos Overseas Filipinos Overseas
Komisyon para sa mga CFO(KPID) Tagapangulo ng
Filipino sa Ibayong Komisyon para sa mga
Dagat Filipino sa Ibayong
Dagat
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Chairman of
the Mindanao
Mindanao
Development
Development
Authority
Authority
Tagapangulo
Pangasiwaan MinDA (PPM)
ng
sa
Pangasiwaan
Pagpapaunlad
sa
ng Mindanao
Pagpapaunlad
ng Mindanao
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Lead Convenor
National Anti- of the National
Poverty Anti-Poverty
Commission Commission
Pambansang NAPC (PKLK) Punong
Komisyon Tagapagtanghal
Laban sa ng Pambansang
Kahirapan Komisyon Laban
sa Kahirapan
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Office of the
Presidential
Presidential
Adviser on the
Adviser on the
Peace Process
Peace Process
OPAPP Tagapayo ng
Tanggapan ng
(TTPPP) Pangulo para
Tagapayo ng
sa Prosesong
Pangulo para
Pang
sa Proseso ng
kapayapaan
Pang
kapayapa an
Departments of the Philippine
Government
in Office
Department Acronym Office Incumbent
since
Head of the
Presidential
Presidential
Legislative
Legislative
Liaison Office
Liaison Office
PLLO (TTPL) Pinuno ng
Tanggapan ng
Tanggapan ng
Tagapamagitan
Tagapamagitan
ng Pangulo sa
ng Pangulo sa
Lehislatura
Lehislatura
Departments of the Philippine
Government
Political Adviser
Office of the Tagapayo ng
OPA (TTP)
Political Adviser Pulitikal
Tanggapan ng
Tagapayo ng
Pulitikal