Which Government Officials Are Free From Executive Control?

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Executive Co-operative of Government

The President

The Vice President

The Cabinet

Local Government

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Commodity 7, Department i, of the 1987 Constitution vests executive power on the President of the Philippines. The President is the Caput of State and Head of Government, and functions as the commander-in-principal of the Armed Forces of the Philippines. As main executive, the President exercises control over all the executive departments, bureaus, and offices.

The President of the Philippines

The President of the Philippines is elected by directly vote past the people for a term of six years. He may only serve for ane term, and is ineligible for reelection. The term of the President of the Philippines starts at noon of the 30th day of June after the ballot.

Qualifications

The qualifications for an individual aspiring to get the President of the Philippines are outlined in Commodity 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 ballot; and
must have resided in the Philippines ten years before the election is held.

History

The President of the Philippines is elected past straight vote of the people, and has a term of six years with no provision for reelection.

There take been fifteen Presidents of the Philippines from the institution of the office on January 23, 1899, in the Malolos Commonwealth. President Emilio Aguinaldo is the inaugural holder of the office and held the position until March 23, 1901, when he was captured by the Americans during the Philippine-American State of war.

The Office of the President of the Philippines was abolished subsequently the capture of Aguinaldo, and ceased to be until the inauguration of the Philippine Commonwealth in 1935.

After the get-go national elections were held on September 16, 1935, Manuel L. Quezon was elected equally the second President of the Philippines and the first President of the Philippine Commonwealth. Originally elected to a six-yr term, President Quezon would stay in office until 1944, because the 1935 Constitution was amended in 1940 to let reelection, but shortened the term of the President to four years. Quezon was elected over again in 1941—however, due to ramble limitations, he would accept not served the full 4 years—his term started on November 15, 1935, and thus would end on Nov 15, 1943. In 1943, however, President Quezon had to accept an emergency oath of function, extending his term, because of the outbreak of World War II.

When World War II forced the Philippine Commonwealth into exile, a unlike government would be installed in the Philippines, which would later to exist known every bit the Second Republic of the Philippines. Jose P. Laurel would atomic number 82 this authorities as the 3rd President of the Philippines and the only President of the Second Commonwealth. Laurel stayed in function from 1943 to 1944 when the Second Republic was abolished. At this point, the President of the Second Republic would overlap with the President of the Commonwealth. On September 17, 1945, still, the laws of the 2d Republic were declared null and void by the Supreme.

The Philippine Commonwealth would be reestablished in Philippine soil in 1945 with President Sergio Osmeña as the second President of the Commonwealth and the 4th President of the Philippines. Osmeña took his oath of office in the United States subsequently the demise of President Quezon. Osmeña would run in the first post-war presidential elections held in 1946, but lose to Senate President Manuel Roxas.

President Roxas was elected in 1946 every bit the third President of the Philippine Democracy, outset President of the contained Democracy of the Philippines, and the fifth President of the Philippines. He would conductor in the terminate of the Philippine Commonwealth on July 4, 1946, and the birth of the Third Republic. Roxas would be followed by Presidents Elpidio Quirino, Ramon Magsaysay, Carlos P. Garcia, and Diosdado Macapagal equally the second, tertiary, fourth, and fifth President of the Third Republic and the 6th, seventh, 8th, and ninth President of the Philippines, respectively.

President Ferdinand E. Marcos became the last President of the 3rd Democracy when he declared martial police in 1972, while the 1973 Constitution suspended the 1935 Constitution, he only formally proclaims the "New Commonwealth"—the 4th—in 1981. Marcos became the outset President of the Fourth Commonwealth and the 10th President of the Philippines overall. Marcos stayed in office for 20 years—the longest serving President of the Philippines.

In 1986, the EDSA Revolution successfully installed Corazon C. Aquino every bit the new President of the Philippines—the 11th in the country's history. President Aquino served as the second and terminal President of the Quaternary Republic at the beginning of her term. A transitional, Freedom Constitution was put into outcome in the same yr. When the 1987 Constitution was put into full force and consequence, the 4th Republic was ended and the Fifth Republic inaugurated. Thus, President Aquino became the first President of the 5th Republic. She would be followed by Presidents Fidel V. Ramos, Joseph Ejercito Estrada, Gloria Macapagal-Arroyo, and Benigno S. Aquino Three as the 2d, 3rd, 4th, and 5th President of the Fifth Republic and twelfth, 13th, 14th and 15th President of the Philippines, respectively.

The electric current President, Rodrigo Roa Duterte, is the sixth President of the Fifth Republic and the 16th President of the Philippines.

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:

one. 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 ability to give executive issuances, which are ways to streamline the policy and programs of an administration. There are vi issuances that the President may result. They are the post-obit as defined in the Administrative Lawmaking 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.

Authoritative 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 fabricated to depend, shall be promulgated in proclamations which shall have the strength 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 regime function 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.

Full general or special orders — Acts and commands of the President in his chapters as commander-in-principal of the Armed services of the Philippines shall exist issued as full general or special orders.

It is important to note that during the term of President Ferdinand Eastward. Marcos, he used executive issuances known as presidential decrees as a course of legislation. These decrees accept the full strength and consequence of laws because at the time the legislature did non exist and, when the 1973 Constitution was put into total force and event, it gave the ability to the President to do every bit such. This continued until the first year of President Corazon C. Aquino's term. All the same, President Aquino opted to used executive orders instead of presidential decrees. President Aquino'southward executive orders, however, still had the total strength and upshot 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 practice over foreigners in the land are every bit follows:

The chief executive may take 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 not-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 (subsequently 30 days of the issuance of the decision). The Board of Commissioners of the Agency of Clearing has jurisdiction over all deportation cases.
The president is also mandated by the Authoritative Lawmaking of 1987 to exercise powers as recognized by the generally accepted principles of international police.

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 belongings for public use with merely compensation. There are two ramble provisions, however, that limit the exercise of such power: Article III, Section ix (ane) of the Constitution provides that no person shall be deprived of his/her life, liberty, or holding without due process of police force. Furthermore, Article Iii, Section 9 (2), provides that individual property shall non be taken for public apply without just compensation.

One time the aforementioned atmospheric condition 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 appropriate, to institute expropriation proceedings in the proper court.

Power to direct escheat or reversion proceedings — The President shall direct the solicitor full general to institute escheat or reversion proceedings over all lands transferred or assigned to persons disqualified nether the constitution to acquire land.

Power to reserve lands of the public and private domain of the government —

(one) The president shall have the power to reserve for settlement or public utilize, and for specific public purposes, any of the lands of the public domain, the use of which is non otherwise directed by constabulary. The reserved land shall thereafter remain bailiwick to the specific public purpose indicated until otherwise provided by constabulary or announcement.

(two) He shall besides have the power to reserve from auction or other disposition and for specific public uses or purposes, whatever state belonging to the individual domain of the government, or whatever of the friar lands, the use of which is not otherwise directed past law, and thereafter such state shall be used for the purposes specified by such proclamation until otherwise provided by law.

Power over ill-gotten wealth — The President shall directly the solicitor general to establish proceedings to recover properties unlawfully acquired past 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 sick-gotten backdrop 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 engagement

The President may appoint officials of the Philippine government as provided by the constitution and laws of the Philippines. Some of these appointments, all the same, 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 principal executive, has the mandate to supervise local governments in the Philippines, despite their autonomous condition as provided by Republic Human activity No. 7160 otherwise known as the Local Government Lawmaking of 1991.

Traditionally, this is washed by the Section of the Interior and Local Government, headed by a cabinet secretary—an change 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.

Line of succession

The constitution provides for a line of succession in the result that the elected President of the Philippines is not able to discharge the duties of his office due to death, inability, or resignation. The following is the line of succession:

Vice President — in cases of the death, disability, or resignation of the President
Senate President — in cases of the death, disability, or resignation of the President and Vice President
Speaker of the House of Representatives — in cases of the death, inability, or resignation of the President, Vice President, and Senate President

Reverse to popular belief, the constitution doesn't include the Main Justice of the Supreme Courtroom in the President'southward line of succession.

The Congress of the Philippines is mandated enact a law calling for a special election three days afterwards the vacancy in the Role of the President and Vice President. The special ballot should occur 40 days after the enactment of the police, merely not afterwards than lx days later on the enactment of the police force.

Vice President of the Philippines

The Vice President of the Philippines is elected by direct vote by the people for a term of six years, and may run for reelection 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.

Qualifications

The qualifications for aspirants to the Part of the Vice President is outlined in Commodity VII, Section 3. According to the constitution, the qualifications for the President is the same for the Vice President.

History

The Vice President of the Philippines is elected via a direct vote of the people for a term of six years, with a possibility of reelection. Co-ordinate to the constitution, the vice president may take on a chiffonier portfolio in concurrent chapters, if the President chooses.

The starting time constitution of the Philippines, the Malolos Constitution, did not provide for a Vice President of the Philippines. It merely had provisions for a president and a prime minister. The start legal basis for the existence of the role came in 1935 upon the inauguration of the Democracy government.

There have been 12 people who have held the Office of the Vice President from its establishment in 1935. Vice President Sergio Osmeña is the inaugural holder of the position, and served until 1944. He get-go took his oath after the 1935 elections under the Philippine Democracy, and again, after being reelected again in 1941, before the Philippine regime went into exile. His third oath taking happened in the United States when the terms the officials of the Philippine authorities-in-exile expired and were extended.

The Philippines' second vice president was elected in 1946 under the Commonwealth of the Philippines. Vice President Elpidio Quirino was elected under the Commonwealth regime, but transitioned into the Third Democracy on July 4, 1946. Quirino was followed past Fernando Lopez, Carlos P. Garcia, and Emmanuel Pelaez. Fernando Lopez would once once again be elected in 1965 when he ran with Ferdinand Marcos. Lopez was elected for two terms until the abolition of the Office of the Vice President on September 23, 1972, when martial police force was declared.

The original 1973 Constitution did non provide for a vice president of the Philippines. The position remained abolished until ramble amendments were made in 1978. The position was filled in 1986 past Arturo Tolentino, the running mate of President Ferdinand Marcos during the 1986 Snap Elections. On February 15, 1986, the Batasang Pambansa certified the COMELEC results, proclaiming the Marcos-Tolentino ticket as winners of the election. Arturo Tolentino took his oath every bit Vice President on February xvi, 1986; his term lasted days before the EDSA Revolution installed new leadership.

When the 1987 Constitution was ratified, the position of Vice President of the Philippines would remain with Salvador Laurel Jr. as its inaugural holder. Since the institution of the 1987 Constitution, the Fifth Republic has had six vice presidents with five being elected (Laurel, Joseph Ejercito Estrada, Gloria Macapagal-Arroyo, Noli De Castro, and Jejomar Binay), and one being appointed and confirmed past Congress (Teofisto Guingona Jr.).

Duties of the vice president

According to the constitution, the vice president may concurrently assume a cabinet position should the President of the Philippines offer the onetime one. The vice president will become a secretarial assistant concurrent to the position of vice president.

Bated from the cabinet postal service, the vice president is mandated to presume the presidency in case of the death, disability, or resignation of the incumbent President.

Line of succession

Should there be a vacancy of the Office of the Vice President, the President of the Philippines is required by the constitution to nominate a replacement with the concurrence of Committee on Appointments.

Cabinet secretaries

Functions of a cabinet secretary

Chiffonier secretaries act as the modify ego of the President executing, with his authority, the power of the Role of the President in their respective departments.

The number of chiffonier secretaries varies from time to fourth dimension depending on the demand 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.

Engagement of cabinet secretaries

According to the Article 7, Section sixteen, the President may appoint anyone to executive departments with the consent of the Committee on Appointments. Names of individuals nominated to cabinet posts are submitted to the Commission on Appointments for their consideration.

An individual may not presume his post in a given section unless confirmed by the Committee on Appointments. However, the constitution provides for individuals becoming cabinet secretaries in an acting capacity before they are confirmed. Co-ordinate to Article VII, Section 16 of the constitution, the president may appoint anyone to chiffonier posts even if Congress is in recess. These appointments are valid until the Commission on Appointments disapproves them, or at the end of the adjacent session of Congress.

Not all cabinet members, still, are subject to confirmation of the Commission on Appointments. According to the Committee of Appointments website, the following need confirmation in society to assume their posts:

Executive Secretary
Secretary of Agrarian Reform
Secretary of Agronomics
Secretary of Upkeep and Management
Secretary of Education
Secretarial assistant of Free energy
Secretarial assistant of Environment and Natural Resources
Secretary of Finance
Secretarial assistant of Strange Affairs
Secretary of Health
Secretary of Justice
Secretary of Labor and Employment
Secretary of National Defense
Secretary of Public Works and Highways
Secretary of Science and Applied science
Secretary of Social Welfare and Evolution
Secretary of the Interior and Local Authorities
Secretary of Trade and Manufacture
Secretary of Transportation and Communications
Secretary of Tourism
Commission on Higher Education
Manager General of the National Economical and Development Authority

Powers of a cabinet secretary

Equally stated above, a cabinet secretary is the alter ego of the President in their respective departments. Thus, they posses the ability to outcome directives relative to their departments, such as department orders. These orders only apply to offices nether a specific section under the cabinet secretary'southward jurisdiction. Cabinet secretaries also act equally advisors to the President of the Philippines for their areas.

Local governments

The executive branch extends across the national regime. According to Commodity X, Section four of the constitution, the President of the Philippines is mandated to supervise local governments all over the country. However, considering of Republic Act No. 7160, otherwise known every bit the Local Government Lawmaking of 1991, local governments enjoy relative autonomy from the national government.

Among the social services and facilities that local government should provide, every bit stipulated in Section 17 of the Local Authorities Code, are the following:

facilities and research services for agriculture and fishery activities, which include bulb nurseries, demonstration farms, and irrigation systems;
health services, which include access to primary wellness care, maternal and child care, and medicines, medical supplies and equipment;
social welfare services, which include programs and projects for women, children, elderly, and persons with disabilities, as well as vagrants, beggars, street children, juvenile delinquents, and victims of drug abuse;
data services, which include job placement information systems and a public library;
a solid waste product disposal system or environmental direction arrangement;
municipal/city/provincial buildings, cultural centers, public parks, playgrounds, and sports facilities and equipment;
infrastructure facilities such as roads, bridges, school buildings, health clinics, fish ports, water supply systems, seawalls, dikes, drainage and sewerage, and traffic signals and road signs;
public markets, slaughterhouses, and other local enterprises;
public cemetery;
tourism facilities and other tourist attractions; and
sites for police and burn stations and substations and municipal jail.

Local authorities units also take the power to create its own sources of revenue and to levy taxes, fees, and charges that shall accrue exclusively to them.

Each local government has its ain chief executive. The following is the list of local chief executives:

barangay — punong barangay (barangay chairman)
municipality — municipal mayor
city — metropolis mayor
province — provincial governor

The local primary executives have the power to approve or veto local ordinances recommended by the local legislators.

Punong barangay

The punong barangay, equally the chief executive of the barangay authorities, shall exercise and perform the following powers and functions:

enforce all laws and ordinances which are applicable within the barangay;
negotiate, enter into, and sign contracts for and in behalf of the barangay, upon say-so of the Sangguniang Barangay;
maintain public order in the barangay;
call and preside over the sessions of the Sangguniang Barangay and the Barangay Associates;
appoint or supercede the barangay treasurer, the barangay secretarial assistant, and other appointive barangay officials;
organize and lead an emergency group for the maintenance of peace and order or on occasions of emergency or calamity inside the barangay;
ready the almanac executive and supplemental budgets of the barangay, in coordination with the Barangay Evolution Quango;
approve vouchers relating to the disbursement of barangay funds;
enforce laws and regulations relating to pollution control and protection of the environment;
administer the operation of the Katarungang Pambarangay;
do full general supervision over the activities of the Sangguniang Kabataan;
ensure the commitment of bones social services and admission to facilities;
deport an annual palarong barangay which shall characteristic traditional sports and disciplines included in national and international games; and
promote the general welfare of the barangay.

Municipal and city mayors

The municipal mayor and city mayor, as the chief executive of the municipal authorities and city government, respectively, shall exercise and perform the following powers and functions:

Do general supervision and control over all programs, projects, services, and activities of the municipal or city government:
1. determine the guidelines of municipal policies and be responsible to the Sangguniang Bayan or Panlungsod for the program of government;
2. directly the formulation of the municipal or urban center evolution plan;
3. at the opening of the regular session of the Sangguniang Bayan or Panlungsod, nowadays the programme of government and propose policies and projects for consideration;
4. initiate and propose legislative measures to the Sangguniang Bayan or Panlungsod;
5. represent the municipality or urban center in all its business organisation transactions and sign on its behalf all bonds, contracts, and obligations, upon authority past the Sangguniang Bayan;
6. carry out emergency measures as may be necessary during and in the backwash of man-made and natural disasters;
7. examine the books, records and other documents of all offices, officials, agents or employees of the municipality or city;
8. visit component barangays of the municipality or city at to the lowest degree once every six months;
9. solemnize marriages, whatever provision of constabulary to the contrary notwithstanding;
10. behave a palarong bayan or panlungsod; and
11. submit to the provincial governor an annual written report on the assistants of the municipality or urban center, and supplemental reports when unexpected events and situations such equally calamities arise.
Enforce all laws and ordinances, and implement all approved policies, programs, projects, services and activities of the municipality or city:
1. issue executive orders equally are necessary for the proper enforcement and execution of laws and ordinances;
2. call conventions, seminars or meetings of any elective and appointive officials of the municipality or metropolis;
3. formulate and implement the peace and order plan of the municipality or city; and
4. telephone call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition or to apprehend violators of the law.
Initiate and maximize the generation of resources and revenues, to be used for the implementation of development plans, program objectives and priorities:
1. ready and submit to the Sangguniang Bayan or Panlungsod for approval the annual executive and supplemental budgets of the municipality or urban center;
2. ensure that all taxes and other revenues of the municipality or city are collected;
3. outcome, append or revoke licenses and permits;
4. prefer measures to safeguard and conserve land, mineral, marine, forest, and other resources of the municipality or urban center;
5. provide efficient and effective property and supply management in the municipality or city; and protect the funds, credits, rights and other backdrop of the municipality or city; and
6. institute or crusade to be instituted administrative or judicial proceedings for violation of ordinances in the drove of taxes, fees or charges, and for the recovery of funds and property.
Ensure the delivery of basic services and the provision of adequate facilities as provided for under Section 17 of the Local Regime Code.

Provincial governors

The provincial governor, as the main executive of the provincial regime, shall exercise and perform the following powers and duties:

Exercise general supervision and control over all programs, projects, services, and activities of the provincial government:
1. determine the guidelines of municipal policies and be responsible to the Sangguniang Panlalawigan for the programme of authorities;
2. directly the formulation of the provincial development plan;
3. at the opening of the regular session of the Sangguniang Panlalawigan, nowadays the plan of government and propose policies and projects for consideration;
4. initiate and propose legislative measures to the Sangguniang Panlalawigan;
5. represent the province in all its business transactions and sign on its behalf all bonds, contracts, and obligations, upon authority by the Sangguniang Panlalawigan;
6. carry out emergency measures as may be necessary during and in the backwash of homo-made and natural disasters;
7. examine the books, records and other documents of all offices, officials, agents or employees of the province;
8. furnish copies of executive orders issued by him to the Office of the President inside 72 hours later on their issuance;
9. visit component cities and municipalities at to the lowest degree in one case every six months;
10. represent the province in inter-provincial or regional sports councils or committees, and coordinate the efforts of component cities or municipalities in the regional or national palaro or sports development activities;
11. carry an annual palarong panlalawigan; and
12. submit to the Office of the President an annual report on the assistants and development of the province, and supplemental reports when unexpected events and situations such as calamities ascend.
Enforce all laws and ordinances, and implement all approved policies, programs, projects, services and activities of the province:
1. issue executive orders every bit are necessary for the proper enforcement and execution of laws and ordinances;
2. call conventions, seminars or meetings of any elective and appointive officials of the province;
3. in coordination with the component cities and municipalities, and the National Law Commission, formulate and implement the peace and order programme of the province; and
4. call upon the appropriate police force enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition or to apprehend violators of the police.
Initiate and maximize the generation of resource and revenues, to exist used for the implementation of development plans, program objectives and priorities:
1. prepare and submit to the Sangguniang Panlalawigan for blessing the annual executive and supplemental budgets of the province;
2. ensure that all taxes and other revenues of the province are collected;
3. consequence, append or revoke licenses and permits;
4. adopt measures to safeguard and conserve land, mineral, marine, wood, and other resources of the province;
5. provide efficient and effective property and supply direction in the province; and protect the funds, credits, rights and other properties of the province; and
6. constitute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection of taxes, fees or charges, and for the recovery of funds and property.
Ensure the delivery of basic services and the provision of acceptable facilities as provided for under Department 17 of the Local Government Code.

Term limits

The offices of the abovementioned local master executives are express to three consecutive three-yr terms. Once they end their third term, they may not run for reelection, merely may run again once they allow one term pass.

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