POWER OF THE PRESIDENT
ARTICLE VII, SECTION 1, OF
OF THE PRESIDENT
THEPOWER
1987 CONSTITUTION
The President of the Philippines
is elected by direct vote by the
people for a term of six years.
❑ Natural born Filipino;
QUALIFICATION
❑ A registered voter;
Article VII, Section 2 of
the 1987 Constitution
❑ 40 years of age at the day of the
election; and
❑ Must be able to read and write;
❑ Must have resided in the
Philippines ten years before the
election is held.
REPUBLIC OF THE PHILLIPINES
President
Emilio Aguinaldo is the
inaugural holder of the
office and held the
position until March 23,
1901.
When World War II,
Jose P. Laurel would lead
this government as the
third President of the
Philippines and the only
President of the Second
Republic.
On September 16, 1935,
Manuel L. Quezon was
elected as the second
President of the Philippines
and the first President of the
Philippine Commonwealth.
President
Sergio Osmeña as the
second President of the
Commonwealth and the
fourth President of the
Philippines
REPUBLIC OF THE PHILLIPINES
Manuel Roxas would be followed by Presidents Elpidio Quirino, Ramon Magsaysay, Carlos P. Garcia, and
Diosdado Macapagal as the second, third, fourth, and fifth President of the Third Republic and the sixth,
seventh, eighth, and ninth President of the Philippines, respectively.
President Ferdinand E. Marcos became the last President of the Third Republic.
The Longest Serving President of the Philippines.
MARTIAL LAW
REPUBLIC OF THE PHILLIPINES
CORAZON C. AQUINO
FIDEL V. RAMOS
RODRIGO ROA DUTERTE
JOSEPH E. ESTRADA
GLORIA M. ARROYO
BENIGNO SIMEON C.
AQUINO III
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
VICE PRESIDENT
SENATE PRESIDENT
HOUSE OF
SPEAKER
PRESIDENT AS CHIEF EXECUTIVE AND
ADMINISTRATIVE OFFICER
GENERALLY. The president and other executives
or administrative agencies
POWER OF
CONTROL,
SUPERVISION AND
INVESTIGATION
BODIES GRANTED BY:
Constitution
Statutes
❑ To enforce the laws
❑ To carry out governmental functions as well as
the policies and objective provided in statutes
creating them.
Among Such Powers:
❑ Control
❑ Supervision
❑ And Investigation
EXECUTIVE POWER OF
THE PRESIDENT
CHIEF ADMINISTRATIVE OFFICER OF THE
GOVERNMENT
❑ CONSTITUTION DOES NOT EXPRESSLY SAY
SO
❑ CHIEF EXECUTIVE AND HEAD OF THE
STATE
❑ HE WELDS ALL ADMINISTRATIVE POWERS
INHERE IN SUCH POSITION.
ADMINISTRATIVE POWER
❑ IS AN ADJUNCT AND IS DESIGNED TO
COMPLEMENT THE EFFECTIVE EXERCISE of
the executive power vested in president.
ADMINISTRATIVE POWERS OF THE PRESIDENT
CAN BE IMPLIED from executive POWER:
❑ Article VII, Section 1
❑ Article VII Section 14-23
ARTICLE VII EXECUTIVE DEPARTMENT
Section 1. The executive power shall be vested in the President of the Philippines.
WHAT ARE THE “EXECUTIVE POWER”?
THE POWER TO CONTROL
OVER ALL EXECUTIVE
DEPARTMENTS, BUREAUS
AND OFFICES
THE POWER TO
EXECUTE LAW
THE APPOINTING POWER
THE POWERS UNDER THE
COMMANDER-IN-CHIEF
CLAUSE
THE POWER TO GRANT
REPRIEVES,
COMMUTATIONS AND
PARDONS
THE POWER TO GRANT
AMNESTY WITH
CONCURRENCE OF
CONGRESS
THE POWER TO CONTRACT
OR GUARANTEE FOREIGN
LOANS
THE POWER TO ENTER
INTO TREATIES OF
INTERNATIONAL
AGREEMENTS
THE POWER TO SUBMIT
BUDGET TO CONGRESS
THE POWER TO ADDRESS
CONGRESS
DID THE FRAMERS OF
THE CONSTITUTION
INTENT THAT THE
PRESIDENT SHALL
EXERCISE THOSE
SPECIFIC POWERS
AND NO OTHER?
ARE THESE ENUMERATED
POWERS THE BREATH
AND SCOPE OF
“EXECUTIVE POWER”?
PRESIDENT’S
POWER TO
CONTROL
He is the chief
executive
head of the
government
and chief
administrative
officer.
Lagman vs. Medialdea, 829 SCRA 1,
G.R. No. 231658 July 4, 201As
the President has the sole discretion to
declare martial law and/or to suspend
the privilege of the writ of habeas
corpus, subject to the revocation of
Congress and the review of this Court.
The President shall have control of all
the executive departments, bureaus,
and offices.
He shall ensure that the laws be
faithfully executed.
Past events may be considered as
justifications for the declaration and/or
suspension as long as these are
connected or related to the current
situation existing at the time of the
declaration.
THE PRESIDENTIAL POWER OF CONTROL OVER
THE EXECUTIVE BRANCH GOVERNMENT EXTEND:
❑ To all executive officers from the cabinet secretary
❑ To the lowliest clerk of the executive.
Biraogo vs. Philippine Truth Commission (PTC) of 2010, 637 SCRA 78, G.R.
No. 192935 December 7, 2010
Power to create a truth commission cannot pass muster on the basis of P.D. No. 1416 as
amended by P.D. No. 1772, the creation of the PTC finds justification under Section 17,
Article VII of the Constitution
Fundamental laws on public accountability and transparency—is inherent in the President’s
powers as the Chief Executive
THE POWER OF THE PRESIDENT OF CONTROL UNDER THE CONSTITUTIONAL
PROVISION IMPLIES THE RIGHT OF THE PRESIDENT TO INTERFERE IN THE
EXERCISE OF SUCH DISCRETION AS MAY BE VESTED BY LAW IN THE
OFFICERS OF THE EXECUTIVE DEPARTMENTS BUREAUS OR OFFICES OF
NATIONAL GOVERNMENT AS WELL AS TO ACT IN LIEU OF SUCH OFFICERS.
THE PRESIDENT EXERCISES THE
POWER OF CONTROL THROUGH
EXECUTIVE DEPARTMENTS AND
EXECUITIVE OFFICIALS.
THE TOTALITY OF EXECUTIVE POWER
IS VESTED IN THE PRESIDENT BY THE
CONSTITUTION.
Tecson vs. Salas, 34 SCRA 275,
No. L-27524 July 31, 1970
The power of the President to order the
detail of a government employee from one
office to another is granted.
One in public service, therefore, should not
lack awareness that whatever talents he may
possess should be beneficially employed for
the public welfare, the determination as to
where they should be devoted being
ordinarily left to the discretion of his superior.
DOCTRINE OF QUALIFIED POLITICAL AGENCY
Equally well accepted, as a corollary rule to the control powers of the
President, is the “Doctrine of Qualified Political Agency.” As the President
cannot be expected to exercise his control powers all at the same time
and in person, he will have to delegate some of them to his Cabinet
members. Carpio vs. Executive Secretary, 206 SCRA 290, G.R. No. 96409
February 14, 1992
“BY AUTHORITY OF THE PRESIDENT”
The executive secretary or deputy or assistant executive secretary or any cabinet secretary
who act and signs acts not for himself but for the president.
The executive secretary or even the deputy assistant executive secretary if he acts “BY
AUTHORITY OF THE PRESIDENT” can modify alter or set aside acts or rulings of department
secretary as he acts for and on behalf of the President .
LIMITATIONS ON THE PRESIDENT’S CONTROL POWER
THE ABOLITION OR
CREATION OF AN
EXECUTIVE OFFICE
The power of control under Section
10 (a) of Article X of the Constitution
implies the right of the President to
interfere in the exercise of such
discretion as may be vested by law in
the officers of the executive
departments, bureaus or offices of
the national government, as well as
to act in lieu of such officers. This
power is denied by the Constitution
to the Executive, insofar as local
governments are concerned.
Pelaez vs. Auditor General, 15 SCRA
569, No. L-23825 December 24, 1965
The President cannot interfere with local
governments, so long as the same or its
officers act within the scope of their authority.
He may not, for instance, suspend an elective
official of a regular municipality or take any
disciplinary action against him, 'except on
appeal from a decision of the corresponding
provincial board.
LIMITATIONS ON THE PRESIDENT’S CONTROL POWER
THE SUSPENSION OR
REMOVAL OF CAREER
EXECUTIVE OFFICIALS OR
EMPLOYEES WITHOUT
DUE PROCESS OF LAW.
A presidential appointee who
belongs to the career service of
the Civil Service comes under the
direct disciplining authority of the
President.
The president or cabinet
secretary acting on his behalf
may however detail said officer to
any other executive office.
Larin vs. Executive Secretary, 280
SCRA 713, G.R. No. 112745
October 16, 1997.
Under the law, Career Executive Service officers, namely,
Undersecretary, Assistant Secretary, Bureau Director,
Assistant Bureau Director, Regional Director, Assistant
Regional Director, Chief of Department Service and other
officers of equivalent rank as may be identified by the
Career Executive Service Board, are all appointed by the
President
This is in line with the well settled principle that the
“power to remove is inherent in the power to appoint”
LIMITATIONS ON THE PRESIDENT’S CONTROL POWER
THE SETTING ASIDE,
MODIFICATION OR
SUPPLANTING OF
DECISIONS OF QUASIJUDIAL AGENCIES,
INCLUDING THAT OF THE
OFFICE OF THE PRESIDENT,
ON CONTESTED CASES
THAT HAVE BECOME FINAL
PURSUANT TO THE RULES
AND REGULATIONS
PROMULGATED TO
IMPELEMT THE LAW.
Camarines Norte Electric Cooperative,
Inc. vs. Torres, 286 SCRA 666, G.R. No.
127249 February 27, 1998
The Office of the President could not, motu proprio or
upon request of a party, supplant or overturn a decision
of the Cooperative Development Authority (CDA) which
had attained finality.
CDA-CO Case No. 95-010 to the Office of the President
as the head of the Executive Department exercising
supervision and control over said agency.
PRESIDENT’S POWER OF SUPERVISION
Rodriguez, et al. vs. Montinola, et al., 94 Phil.
964, No. L-5689 May 14, 1954
THE PRESIDENT
SHALL HAVE
CONTROL TO ALL
EXECUTIVE
DEPARTMENTS
BUREAUS AND
OFFICES”
The supervisory authority of the President over local
governments is limited by the phrase "as provided by law"
and where there is no law in accordance with which said
authority is to be exercised, it must be exercised in accord
with general principles of law.
Taule vs. Santos
The fundamental law permits the Chief Executive to wield no
more authority than that of checking whether said local
government or the officers thereof perform their duties as
provided by statutory enactments. Supervisory power, when
contrasted with control, is the power of mere oversight over
an inferior body; it does not include any restraining authority
over such body.
UNDER THE 1987 ADMINISTRATIVE CODE, SUPERVISION AND
CONTROL INCLUDES ONLY THE AUTHORITY TO
A
ACT DIRECTLY
WHENEVER A
SPECIFIC
FUNCTION IS
ENTRUSTED BY
LAW OR
REGULATION
TO A
SUBORDIANTE.
B
DIRECT THE
PERFORMANC
E OF DUTY;
RESTAIN THE
COMISSION
OF ACTS.
C
REVIEW
APPROVE
REVERSE OR
MODIFY ACTS
AND
DECISIONS OF
SUBORDINATE
OFFICIALS OR
UNITS.
D
E
DETERMINE
PRIORITIES IN
THE
EXECUTION
OF PLANS AND
PROGRAMS
PRESCIRBE
STANDARDS,
GUIDELINE,
PLANS AND
PROGRAMS.
SPECIFICALLY, ADMINISTRATIVE SUPERVISION IS LIMITED TO THE
AUTHORITY OF THE DEPARTMENT OR ITS EQUIVALENT TO:
A
GENERALLY OVERSEE
THE OPERATIONS OF
SUCH AGENCIES AND
ENSURE THAT THEY
ARE MANAGED
EFFECTIVELY AND
ECONOMICALLY BUT
WITHOUT
INTERFERENCE WITH
DAY-TO DAYACTIVITIES
B
REQUIRE THE
SUBMISSION OF
REPORTS AND CAUSE
THE CONDUCT OF
MANAGEMENT AUDIT,
PERFROMANCE
EVALUATION AND
INSPECTION TO
DETERMINE
COMPLIANCE WITH
POLICIES,
STANDARDSAND
GUIDELINES OF THE
DEPARTMENT.
C
TAKE SUCH ACTION AS
MAY BE NECESSARY
FOR THE PORPER
PERFROMANCE OF
OFFICIAL FUNCTIONS,
INCLUDING
RECTIFICATION OF
VIOLATIONS, ABUSES
AND OTHER FORMS OF
MAL-ADMINISTRATION;
D
REVIEW AND PASS AND
ABUSES AND OTHER
FORMS OF SUCH
AGENCIES BUT MAY
NOT INCREASE OR
ADD TO THEM.
Corona vs. Court of Appeals, 214 SCRA 378, G.R. No. 97356 September 30, 1992
DOTC Secretary, acting as alter ego of the President, has jurisdiction over PPA personnel like the
private respondents herein, is correct only to a certain extent.
The DOTC Secretary’s jurisdiction is circumscribed by the provisions of the PPA Charter and the Civil
Service Law which give him only appellate jurisdiction over disciplinary matters involving personnel
below that of Assistant General Manager.
He does not have the power to initiate proceedings against a subordinate official of the PPA;
otherwise, we shall witness the absurd spectacle of the DOTC Secretary acting as complainantinitiator of an administrative case
The aggrieved party should not, however, be one and the same official upon whose lap the
complaint he has filed may eventually fall on appeal.
Nemo potest esse simul actor et judex. No man can be at once a litigant and judge. Unless, of course,
in an exceptional case, such official inhibits himself or expresses his willingness at the outset to waive
his right to review the case on appeal.
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