THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS ETIMOLOGY Latin word " exsequi " which means "carry out", so an executive carries out plans and actions. Powerful person who is responsible for making things run smoothly. organization, business, or even an entire country.
EXCUTIVE MEANING Latin word " exsequi " which means "carry out", so an executive carries out plans and actions. Powerful person who is responsible for making things run smoothly. organization, business, or even an entire country . ETIMOLOGY The power is vested in the President of the Philippines. Section 1, Article VII of the 1987 Constitution. Section 17: “He shall ensure hat the laws be faithfully executed.” THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS
NOMINAL VS. REAL EXCUTIVE MEANING Latin word " exsequi " which means "carry out", so an executive carries out plans and actions. Powerful person who is responsible for making things run smoothly. organization, business, or even an entire country . ETIMOLOGY The power is vested in the President of the Philippines. Section 1, Article VII of the 1987 Constitution. Section 17: “He shall ensure hat the laws be faithfully executed.” NOMINAL the President has been given many powers and he himself exercises these powers. REAL the actual practice powers are exercised by his ministers. THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS
PARLIAMENT VS. PRESIDENTIAL NOMINAL VS. REAL EXCUTIVE MEANING Latin word " exsequi " which means "carry out", so an executive carries out plans and actions. Powerful person who is responsible for making things run smoothly. organization, business, or even an entire country . ETIMOLOGY The power is vested in the President of the Philippines. Section 1, Article VII of the 1987 Constitution. Section 17: “He shall ensure hat the laws be faithfully executed.” NOMINAL the President has been given many powers and he himself exercises these powers. REAL the actual practice powers are exercised by his ministers. PARLIAMENT cabinet is responsible to the legislature. PRESIDENTIAL President has the real executive power and is not responsible for the parliament. THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS
THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS ARTICLE VII, SECTION 1 OF THE 1987 CONSTITUTION
THESE ARE: The power of control over all executive departments, bureaus, and offices. The oppointing power The powers under the commander-in-chief clause. THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS
The power to gran reprieves, commutations, and pardons. The power to grant amnesty with the concurrence of Congress. The power to contract and guarantee foreign loans. THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS
The power to enterinto treaties or international agreements. The power to submit the budget to Congress and The power o address Congress. THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS
THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS ANALYSIS AND CRITIQUE OF THE EXERCISE OF PRESIDENTIAL POWER
MANUEL ROXAS Rebuilding the country from the ruins of World War II Agriculture trade and industry for the people can pay taxes. Special relations with US in exchange for military aid. THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS
Economic Mobilization Program with the intension of industrializing in the Philippines. Enactment of the Magna Carta of Labor Minimum Wage Law THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS ELPIDIO QUIRINO
THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS Philippines become an active member of the Southeast Asian Nations Treaty Organization during his term. Reparation Agricultural Tenancy Act. RAMON MAGSAYSAY
THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS FILIPINO FIRTS POLICY WHERE FILIPINOS WERE GIVEN PRIORITY IN BUSINESS. TO SAVE ON FOREIGN EXCHANGE NEEDED TO INDESTRIALIZE THE COUNTRY FOREIGN EXCHANGE CONTROLS WERE SET UP. CARLOS P. GARCIA
DIOSDADO MACAPAGAL He promoted the miracle rise and tried to implement a land reform program . Maphilindo He also promoted nationalism and signed a proclamation changing the celebration of Philippine Independence to June 12. THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS
President in 1965 with the rallying cry "this nation can be great again“ The New Society ( or Bagong Lipunan in the vernacular ) of Marcos, which advocated a " revolution from the center." Martial Law THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS FERDINAND MARCOS
THE EXECUTIVE BRANCH THE ONE WHO IMPLEMENTS THE LAWS Proclaimed a Freedom Constitution on March 25, 1986. Resulting product, the 1987 Constitution features of the 1935 charter Comprehensive Agrarian Reform Program (CARP) CORAZON AQUINO
POWER CONTROL
• The power of an officer to alter modify,nullity or set aside what a subordinate has done into performance of duties. • Section 17 article 7 in the 1987 Constitution. • Have control to all of executive department , bureaus and officers. • Does not extended constitutional body.
SUPERVISION
Supervision • is a overseeing or the power of authority of an officer to see that subordinate officers perform their duties. • Powersuvervision less intrusive. END
Philippine Politics And Governance
Power of appointment
Article VII, section XVI of the 1987 Constitution
Article VII, Section XVI The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public minsters 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. The Congress may, by law, vest the appointment of the other officers lower in the rank in the President alone, in the courts, or in the heads of the department, agencies, commissions, or boards.
Article VII, Section XVI The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress.
Under Section XVI, the President can appoint the following officials subject to the confirmation of the Commission on Appointments: Heads of executive department (Secretaries); Ambassadors, other public ministers or consuls; Officers of the armed forces from colonel to naval captain; Other officers whose appointments are vested in the President like the heads of the Constitutional Commission; and Other officers whose appointments are not otherwise provided by law, and those whose appointments are vested by law upon the President.
The officers whom the President is empowered appoint fall into three classifications: Career officials entitled to security of tenure; Non-career officials who may serve until their fixed terms end; and Political appointees who serve at the pleasure of the President and may be removed at anytime without offending the due process guaranteed under the Constitution.
Article VII, section XV of the 1987 Constitution
Article VII, Section XV Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.
Cause/s = Lawful Reason/s There is notice to the respondent who is charged with an administrative offense; There is opportunity to be heard; There is an impartial tribunal to hear the case; The decisions of the tribunal is based on substantial evidence, or that amount of relevant evidence which a reasonable mind might as adequate to support a conclusion
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Ordinance of Power
It includes the issuance of the executive and administrative orders, proclamation, memorandum orders and circulars and general or special orders. In general or special orders, it includes the power of the President as the Commander-in-chief of the armed forces. Ordinance of power
EACH SECTION EXPALINS HOW THE ORDER WORKS
Acts of the President providing for rules of a general or permanent character in implementation execution of constitutional or statutory powers shall be promulgated in executive orders. SECTION 2. EXECUTIVE ORDER
Acts of the President which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated administrative orders. Section 3. administrative orders
Acts of the President fixing a date or declaring a status or condition of public moment. Section 4. proclamations
Acts of the President on matters of administrative detail or subordinate or temporary interest which only concern a particular officer. Section 5. memorandum orders
Acts of the President on mater relating to internal administration, which the President desires to bring to the attention of all or some of the department or agencies Section 6. memorandum circulars
Acts or commands of the President in his capacity as Commander in chief of the armed forces END Section 7. general or special orders
Military Power
1.Commander - in - chief clause • To call out the Armed Forces to prevent or suppress lawless violence, invasion or rebellion. • Vested directly by the Constitution. • Authority to declare a state of rebellion.
Habeas Corpus " To have " Habeas Corpus ? Body
• A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
Section 3, Article 2 of the 1987 Constitution Civilian authority is at all times supreme over the military. The Armed Forces of the Philippines is the protector of the people and the state. Section 18, Article 7 The president shall be the commander in chief of all armed and forces of the Philippines.
Military Power of the President 1. Powers to meet emerging situation. A. To call out the armed forces to prevent lawless violence. B. To suspend the previlage of the writ of Habeas Corpus. C.To declare Martial Law.
Powers of President as Commander in chief of the armed forces • Not a member of armed forces. • Not subject the court martial or military discipline. • Has a control of the military organization and personnel. • Has the power to call out the Armed Forces to prevent suppress as lawless violence.
Meaning of Martial Law
1. It is included all laws that have reference to and are administered by the military forces of the state. A. The military law proper. B. The rules governing the conduct of military forces in times of war and in places under military occupation.
2. It is law which has application when the military arm does not supersede civil authority but it is called upon to it in the execution of it's vital function.
Restriction on the exercise of the two powers 1. There must be invasion or rebellion and public safety requires the proclamation. 2. The duration should not exceed 60 days where extended by Congress upon the initiative of president. 3. The president must submit a report in person or on writing to Congress within 48 hours from proclamation.
4. The proclamation or suspension may be revoked by majority vote of all members of Congress voting jointly which revocation shall not be set aside by the president. 5. The supreme Court may inquire into the sufficiency or factual basis of the proclamation. END
P A R D O N I N G P O W E R
● Criminal offenses are acts committed against the state. This is why the plaintiff or accuser in a criminal case is The People of the Philippines.
● The consent of the court and the public prosecutor– withdraw the criminal case.
The accused is convicted The President, as the head of state May grant reprieves Communitations Pardons
● Accordingly, Section 19, Article VII of the 1987 Constitution provides
● Pardon is defined as an act of benevolence, proceeding from the power enrusted with the execution of the laws.
● The law inflicts for a crime he has committed. Pardon manifest the forgiveness of the President as head of state. END
Borrowing Power
As head of state, the President can barrow money from foreign sources and can guarantee the payment of foreign loans. The borrowing power of the President must have the prior consent of the monetary board
Section 20, Article VII of the 1987 Constitution in this regardes provides: The President may contract or guarantee foreign loans on behalf of the republic of the Philippines with prior concurrence of the monetary board, and subject to such limitations as may be provided by law
Although the power is granted by the constitution to the president, its exercise may be validly delegated to the secretary of the Department of Finance pursuant to the altar ego doctrine
The borrowing power should always be exercised responsibly. When President Marcos took over in 1965, the Philippines was in dire straits; it was bankrupt
The End
informing power
Informing power The President shall address congress at the opening of its regular session. He may also appear before it any other time The information may be needed for the basis legislation. The President usually discharge the informing power through what is known as the State of the Nation Address
Diplomatic power
Diplomatic power No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the members of senate. The power of ratify is vested in the President subject to the concurrence of the Senate.
Other foreign affairs powers Power to make treaties The power to appoint ambassador, public ministers, and consult Power to receive ambassadors and other public ministers Deportation power
treaty
treaty Compact made two or more states including international organizations of states intended to create blinding rights and obligation upon the parties thereto END