THE THREE BRANCHES OF
GOVERNMENT
• Our government is composed of three branches possessing
district powers:
1. The legislative branch creates the laws.
2. The judiciary interprets these laws in legal disputes.
3. The Executive branch implements these laws through different
departments, agencies, offices and instrumentalities.
EXECUTIVE BRANCH
MEANING OF EXECUTIVE POWER
The executive power is vested in the President as provided
in Section 1, 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.” This mandate is reflected in Section 1, Chapter 1,
Title 1, Book II of the Executive Order No. 292, the Revised
Administrative Code.
MEANING OF EXECUTIVE POWER
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:
1. The power of control over all executive departments, bureaus, and offices;
2. The appointing power;
3. The power under commander-in-chief clause;
4. The power to grant reprieves, communications and pardons;
5. The power to grant amnesty with the concurrence of Congress;
6. The power to contract or guarantee foreign loans;
7. The power to enter into treaties or international agreements;
8. The power to submit the budget to Congress; and
9. The power to address Congress.
MEANING OF EXECUTIVE POWER
The executive powers that are not enumerated in the
Constitution may also be considered as an obligation reposed on
the President. Because
“the prime duty of the Government is to serve and protect
the people” and that
“the maintenance of peace and order, the protection of life,
liberty and property and the promotion of the general
welfare”.
Salary ₱375,000 per month / ₱5,200,000 per
year
POWER OF CONTROL
The president’s power of control is provided for Section 17,
Article VII of the 1987 Constitution, which states: “The
President shall have control of all the executive departments,
bureaus and offices.”
The President’s power of control is also stated in the Book III of
the Executive Order No. 292, the Revised Administrative Code.
The power of control does not extend to constitutional, i.e., the
Civil Service Commission, the Commission of Elections and
the Commission on Audit.
In much the same way, the President has no control over a
constitutional body like the Office of the Ombudsman.
POWER OF CONTROL
In the exercise of the power of control, the President may
alter, modify, nullify or aside the actions of a department, bureau
or office. Consider the Department of Labor and Employment.
Its is the executive arm charged with the matters relating to
labor and employment in the private sector. In the performance
of its mandate, the DOLE may adopt policies which, in its
judgment, may best serve the interest of the workers.
POWER OF CONTROL
Related to the President’s power of control is the power of
supervision. Compared with control, supervision is a much less
intrusive power of the President. As defined, supervision is the
power of a superior officer to see to it that lower officers
perform their functions in accordance with law.
POWER OF APPOINTMENT
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
consuls, 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.
POWER OF APPOINTMENT
Under Section 16, the President can appoint the following officials
subject to the confirmation of the Commission on Appointments:
1. Heads of executive departments (Secretaries);
2. Ambassadors, other public ministers or consuls;
3. Officers of the armed forces from colonel or naval captain;
4. Other officers whose appointments are vested in the President
like the heads of the Constitutional Commission ( the CSC, the
COA and the COMELEC);and
5. Other officers whose appointments are not otherwise provided
by law, and those whose appointments are vested by law upon
the President.
POWER OF APPOINTMENT
The officers whom the President is empowered to appoint
fall into three classifications:
1. Career officials entitled to security of tenure;
2. Non-career officials who may serve until their fixed terms
end; and
3. Political appointees who serve at the pleasure of the
President and may be removed anytime without offending
the due process guaranteed under the Constitution.
ORDINANCE POWER
The ordinance power of the President includes the issuance
of executive orders, administrative orders, proclamations,
memorandum orders, memorandum circulars and general or
special orders.
In general sense, the ordinance power is used to issue rules
governing the operations of government, orders directing the
performance of certain acts and proclamations like the fixing of
special holidays or declaring something of public interest.
Ordinance power also includes the issuance of general or special
orders by the President as commander-in-chief of the armed
forces.
