EXECUTIVE DEPARTMENT

EXECUTIVE DEPARTMENT UNDER POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

The Executive Department in the Philippines is governed primarily by the Constitution and pertinent laws that define its powers, functions, and responsibilities, as well as relevant norms and principles of international law. A detailed understanding of this topic requires analysis from both a domestic and international legal perspective.

I. Constitutional Framework

The Executive Department is one of the three branches of the government under the doctrine of separation of powers. Its powers are vested in the President of the Philippines, as provided in the 1987 Philippine Constitution.

A. Powers and Functions of the President The President, as the head of the Executive Department, holds various constitutional powers, broadly classified into executive, legislative, judicial, military, and diplomatic powers.

  1. Executive Power (Article VII, Section 1)

    • The Constitution vests executive power in the President, which includes the authority to enforce laws, manage the operations of the government, and ensure the proper administration of the bureaucracy.
    • The President has control over all the executive departments, bureaus, and offices (Article VII, Section 17).

  2. Power of Control and Supervision

    • Control: The President has the power to alter or modify the acts of subordinate executive officials. Control includes the authority to direct, supervise, and remove any official in the executive branch.
    • Supervision: The President can oversee the performance of duties by local government units (LGUs), ensuring that LGUs comply with the law (Local Government Code of 1991).

  3. Legislative Power

    • Veto Power (Article VI, Section 27(1)): The President may veto any bill presented by Congress within 30 days from receipt. A veto can be overridden by a two-thirds vote from both Houses of Congress.
    • Power to Recommend Legislation (Article VII, Section 23): The President may recommend legislation to Congress at any time.
    • Issuance of Executive Orders (Article VI, Section 27(1)): The President issues executive orders to implement laws or to manage operations of the government.

  4. Military Power (Article VII, Section 18)

    • Commander-in-Chief: The President is the commander-in-chief of the Armed Forces of the Philippines (AFP). The power includes calling out the armed forces to suppress lawless violence, rebellion, or invasion.
    • Martial Law: The President may declare martial law for a period not exceeding 60 days in case of invasion or rebellion, subject to the oversight of Congress and the Supreme Court.
    • Suspension of the Writ of Habeas Corpus: The President may suspend the privilege of the writ of habeas corpus in cases of invasion or rebellion, subject to the same limitations as martial law.

  5. Diplomatic Power (Article VII, Section 21)

    • Treaty-Making Power: The President has the authority to negotiate and enter into treaties and international agreements, subject to ratification by a two-thirds vote of the Senate.
    • Foreign Policy: The President formulates and implements the foreign policy of the Philippines. As the primary architect of foreign relations, the President represents the country in international forums and diplomatic negotiations.

  6. Judicial Power

    • Pardoning Power (Article VII, Section 19): The President has the authority to grant reprieves, commutations, and pardons, and to remit fines and forfeitures after conviction by final judgment, except in cases of impeachment.

  7. Appointment Power (Article VII, Section 16)

    • The President appoints heads of executive departments, ambassadors, other public ministers, officers of the armed forces, and other officers whose appointments are vested in him by law. Appointments to constitutional offices require the confirmation of the Commission on Appointments.
    • The President also has the power to make temporary appointments when Congress is in recess.

  8. Emergency Powers (Article VI, Section 23(2))

    • The President may be granted emergency powers by Congress to address national emergencies, but such powers must be limited to a specific period and purpose, and Congress may revoke such authority at any time.

B. Limitations on Presidential Powers

  • Impeachment (Article XI, Section 2): The President can be removed from office through impeachment for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.
  • Judicial Review (Article VIII, Section 1): Actions of the President, particularly in the exercise of martial law or suspension of the writ of habeas corpus, are subject to review by the courts.

II. The Executive Department and Public International Law

In the realm of public international law, the Executive Department, through the President and the Department of Foreign Affairs (DFA), is the primary entity responsible for ensuring that the Philippines fulfills its international obligations and participates in global diplomacy.

A. Treaty-Making and Ratification

  • As noted earlier, the President is responsible for negotiating and concluding international treaties and agreements. These agreements must not contravene the Constitution, and treaties require the concurrence of two-thirds of the Senate (Article VII, Section 21).

  • The Philippines adheres to the "dualist" theory in international law, meaning international treaties or agreements do not automatically become part of domestic law unless they are transformed by an act of Congress.

  • Executive Agreements: Unlike treaties, executive agreements do not require Senate ratification and are often used for less formal or short-term international commitments.

B. Observance of International Obligations

  • Vienna Convention on the Law of Treaties (1969): The Philippines, as a state party, abides by the principles of pacta sunt servanda, meaning that international agreements must be honored in good faith.
  • Customary International Law: International customs, such as norms prohibiting genocide, slavery, or torture, are binding upon the Philippines, even without a specific treaty.
  • Responsibility of States for Internationally Wrongful Acts: The President, through the DFA, ensures compliance with international law and addresses any violations to prevent state responsibility and potential sanctions.

C. Diplomatic Relations and Representation

  • Diplomatic Immunity: In compliance with the Vienna Convention on Diplomatic Relations, the President ensures that foreign diplomats enjoy privileges and immunities, while also protecting the rights of Philippine diplomats abroad.
  • State Recognition and Non-Recognition: The President has the authority to recognize foreign states and governments, which is a critical element of diplomacy and international relations.

D. Human Rights and International Humanitarian Law

  • As the chief architect of foreign policy, the President ensures the country's compliance with international human rights law, including treaties such as the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), and conventions on the protection of vulnerable groups (e.g., Convention on the Rights of the Child, CEDAW).

  • International Humanitarian Law (IHL): The President, as commander-in-chief, ensures compliance with the Geneva Conventions and other IHL instruments, particularly during armed conflicts, to ensure the protection of civilians and combatants.

III. Key Agencies Under the Executive Department

  1. Department of Foreign Affairs (DFA)

    • Manages the country’s foreign relations and implements the President's foreign policy directives.
    • Conducts diplomatic negotiations, represents the Philippines in international organizations, and oversees consular services.

  2. Department of National Defense (DND)

    • Ensures the security of the nation and provides support to the President in the exercise of military powers.

  3. Department of Justice (DOJ)

    • Provides legal services to the government, including representing the state in legal matters. It also advises the President on legal issues, including those related to international law.

  4. National Security Council (NSC)

    • Advises the President on matters of national security, including the formulation of defense and foreign policy strategies.

Conclusion

The Executive Department, under the leadership of the President, holds significant powers both in domestic governance and international affairs. The President is vested with broad authority to ensure the enforcement of laws, manage national defense, and shape foreign policy while remaining subject to constitutional checks and balances. In the international sphere, the President acts as the primary representative of the Philippines, ensuring compliance with treaty obligations and international legal standards.

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