POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

X. EXECUTIVE DEPARTMENT

C. Powers of the President

The President of the Philippines, as the head of the executive department, wields significant constitutional and statutory powers. These powers can be classified into three broad categories: executive powers, legislative powers, and judicial powers. Additionally, the President exercises inherent powers, foreign affairs functions, and specific powers in the realm of public international law.

Below is an exhaustive treatment of the powers of the President under the Philippine Constitution and other relevant laws:

1. Executive Powers

The executive powers of the President emanate primarily from Article VII of the 1987 Constitution, which outlines the President's role as the Chief Executive. These include:

a. Executive Power (Sec. 1, Art. VII, 1987 Constitution)
The President is vested with the Executive Power, which encompasses the broad authority to enforce and administer laws. This power is not explicitly defined but includes:

Supervision and Control of Executive Departments
The President has control over all executive departments, bureaus, and offices. This includes the power to appoint and remove officials in accordance with the law and the Constitution, as well as the ability to issue executive orders and other directives for the efficient administration of the government.
- Control means the power to alter, modify, nullify, or set aside the acts of subordinate officials.
- Supervision entails overseeing operations to ensure that laws are followed.
Ordinance Power (Sec. 17, Art. VII)
The President may issue Executive Orders, Administrative Orders, Proclamations, Memoranda, and Circulars for the efficient administration of laws. These instruments allow the President to operationalize the mandates of executive functions.
- Executive Orders are rules of a general or permanent nature.
- Administrative Orders pertain to specific administrative matters within the executive branch.
- Proclamations refer to official announcements of government policies.
Power of Appointment (Sec. 16, Art. VII)
The President has the power to appoint officials, including heads of executive departments, members of the judiciary, and officers of constitutional commissions, subject to the rules on confirmation by the Commission on Appointments (CA). Appointments may be categorized as:
- Regular appointments that require the consent of the CA.
- Ad interim appointments made during the recess of Congress, which take effect immediately but must be confirmed by the CA when Congress resumes.
Removal Power
The President has the power to remove executive officials for just cause unless the law provides otherwise. However, removal of those who require confirmation by the CA is more restricted and may require certain procedural safeguards.
Power of Control and Supervision over Local Governments (Sec. 4, Art. X)
The President exercises general supervision over local governments. This power does not equate to control, meaning the President can only ensure that local government units perform their functions as prescribed by law, but cannot substitute their judgment with his own.

2. Legislative Powers

Despite the separation of powers doctrine, the President has certain legislative powers:

a. Veto Power (Sec. 27, Art. VI)
The President has the power to veto bills passed by Congress. This veto can be:

General Veto, where the entire bill is disapproved.
Line-item Veto, where specific provisions in appropriation, revenue, or tariff bills are vetoed without affecting the entire bill.

The veto power is a check against hasty or unconstitutional legislation. Congress may override the veto with a two-thirds vote of all members of both Houses.

b. Power to Call Special Sessions of Congress (Sec. 15, Art. VI)
The President can call Congress into a special session at any time, particularly when urgent matters or national emergencies require legislative action.

c. Budgetary Power (Sec. 22, Art. VII)
The President is responsible for preparing the national budget, which is submitted to Congress. The General Appropriations Act, which funds government operations, is initiated by the President, giving him substantial influence over fiscal policy.

3. Military Powers

The President is the Commander-in-Chief of all armed forces of the Philippines (Sec. 18, Art. VII). The Commander-in-Chief powers are divided into three levels:

a. Calling-out Power
The President may call out the armed forces to prevent or suppress lawless violence, invasion, or rebellion. This is the most basic power and requires no prior approval from Congress.

b. Martial Law (Sec. 18, Art. VII)
The President may declare martial law in case of invasion or rebellion, when public safety requires it, for a period not exceeding 60 days. Congress may extend or revoke such declaration, and the Supreme Court may review its sufficiency.

c. Suspension of the Writ of Habeas Corpus
The President can suspend the privilege of the writ of habeas corpus under similar circumstances as martial law. However, this suspension applies only to persons judicially charged for rebellion or offenses connected with invasion.

4. Judicial Powers

The President has limited judicial powers, primarily focused on granting clemency:

a. Power to Grant Pardons, Reprieves, Commutations, and Amnesty (Sec. 19, Art. VII)

Pardon: The President may grant pardon to individuals convicted of crimes, either before or after conviction, except in cases of impeachment.
Reprieve: The temporary postponement of a punishment.
Commutation: The reduction of the severity of a penalty.
Amnesty: Granted for political offenses, requiring the concurrence of Congress.

The exercise of these powers is part of the system of checks and balances, ensuring justice and mercy.

5. Foreign Affairs and Treaty-Making Powers

As the primary architect of foreign policy, the President holds extensive powers in the sphere of international relations:

a. Diplomatic Power
The President represents the Philippines in foreign relations and is empowered to conduct negotiations, appoint ambassadors, and receive foreign dignitaries (Sec. 20, Art. VII). This also includes the authority to recognize foreign states and governments.

b. Treaty Power (Sec. 21, Art. VII)
The President negotiates and enters into international treaties and agreements, subject to the concurrence of at least two-thirds of all members of the Senate. This makes the President the initiator of the country’s international obligations, while the Senate provides the necessary legislative check.

c. Executive Agreements
Unlike treaties, executive agreements do not require Senate concurrence. They are typically used for routine or less formal arrangements between governments and do not require the same level of legislative scrutiny.

d. War Powers (Sec. 23, Art. VI)
While Congress has the authority to declare the existence of a state of war, the President exercises operational control over military forces during any such declared war.

6. Emergency Powers (Sec. 23(2), Art. VI)

In times of war or other national emergencies, the President may be granted emergency powers by Congress. Such powers are time-bound and limited to specific purposes.

7. Inherent Powers

The President, like all government entities, holds certain inherent powers necessary to perform governmental functions:

a. Police Power
The President plays a critical role in implementing regulations that promote public order, health, safety, morals, and general welfare, often through executive orders or legislation backed by the executive.

b. Power of Eminent Domain
Although the power to take private property for public use with just compensation (eminent domain) is vested in Congress, the President can implement such laws through administrative action.

Conclusion

The powers of the President, though wide-reaching, are balanced by the system of checks and balances embedded in the 1987 Philippine Constitution. This ensures that while the President can effectively execute the laws and govern the country, other branches of government—such as Congress and the judiciary—retain oversight to prevent abuse or overreach.