POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

X. EXECUTIVE DEPARTMENT

C. Powers of the President

1. General Executive and Administrative Powers

The President of the Philippines, as the Chief Executive, is granted various executive and administrative powers by the 1987 Constitution and other relevant laws. These powers can be classified into the following general categories:

A. Executive Power

Article VII, Section 1 of the 1987 Constitution states: "The executive power shall be vested in the President of the Philippines." This is a broad mandate that encompasses the authority to ensure the enforcement of laws, as well as manage and administer the operations of the government.

Nature and Scope of Executive Power
The executive power vested in the President allows the Chief Executive to act in all areas not prohibited by law or delegated to other branches of government. In the landmark case of Marcos v. Manglapus (G.R. No. 88211, September 15, 1989), the Supreme Court emphasized that executive power includes inherent authority that is not strictly confined to the express powers enumerated in the Constitution. The President, as the Chief Executive, has broad discretion in matters of governance, particularly in ensuring the faithful execution of the laws.
Executive Function vs. Legislative and Judicial Functions
The executive function primarily involves the enforcement of the law, in contrast to the legislative function, which involves the creation of laws, and the judicial function, which involves the interpretation and application of laws. Executive power is generally concerned with the day-to-day administration of government affairs.
General Control and Supervision
The President has control over the entire executive branch. Control refers to the power to alter, modify, nullify, or set aside actions taken by subordinates, and to substitute one’s judgment for that of a subordinate. This power of control includes the ability to appoint officials, issue directives, and overrule decisions of lower-ranking officials. The President’s power of control is distinguished from the power of supervision, which is limited to ensuring that laws are faithfully executed but does not include the authority to substitute one's judgment for that of a subordinate.
Residual Powers
Residual powers are those not expressly provided for in the Constitution but are inherent in the office of the President as part of executive power. These include actions necessary to fulfill the President’s constitutional duty to ensure that the laws are faithfully executed. The case of David v. Arroyo (G.R. No. 171396, May 3, 2006) recognized that the President has the authority to act in situations not explicitly covered by constitutional provisions, provided that such actions are not illegal.

B. Administrative Power

Administrative powers pertain to the President’s authority to supervise and control the executive branch’s bureaucracy. This includes appointments, the power to discipline, the issuance of executive orders, and the general oversight of administrative functions.

Power of Appointment
The President has the power to appoint officials in the executive branch. This power is specifically outlined in Article VII, Section 16 of the 1987 Constitution. The President can appoint heads of executive departments, ambassadors, public ministers, consuls, officers of the armed forces, and other officers whose appointments are vested in the President by law. Many of these appointments are subject to confirmation by the Commission on Appointments.
- Appointment Process and Limitations
  The power to appoint is not absolute, and it is subject to checks and balances. For example, some appointments require the consent of the Commission on Appointments. Moreover, the Civil Service Commission provides that appointments to the civil service must be made based on merit and fitness, which are determined through competitive examinations and other relevant measures.
- Midnight Appointments
  Under Article VII, Section 15 of the Constitution, the President is prohibited from making appointments two months before the next presidential elections until the end of the President’s term (commonly referred to as "midnight appointments"). The prohibition seeks to prevent outgoing Presidents from filling key positions as a way of entrenching their influence. The Supreme Court, in the case of De Castro v. Judicial and Bar Council (G.R. No. 191002, March 17, 2010), clarified that this prohibition does not apply to appointments to the Supreme Court.
Power of Removal and Discipline
The President has the power to remove and discipline public officials and employees in the executive branch. The power to remove is an essential corollary to the power of control. The President can remove officials who serve at the President’s pleasure (those not protected by civil service tenure rules) and has disciplinary authority over civil service employees. However, officials appointed with the confirmation of the Commission on Appointments can only be removed for cause.
Issuance of Executive Orders
The President issues executive orders to manage the operations of the executive branch. These orders are directives that regulate the affairs of the government and implement policies or laws. Executive Order No. 292 (Administrative Code of 1987) defines executive orders as acts of the President providing rules of a general or permanent character in implementation or execution of constitutional or statutory powers.
- Limitations on Executive Orders
  Executive orders cannot contravene the Constitution or existing statutes. While they have the force and effect of law within the executive branch, they do not create new laws but only provide mechanisms for the implementation of existing laws.
Power of Control over the Executive Departments
The President exercises direct control over all executive departments, bureaus, and offices. This power includes the authority to reorganize these agencies, subject to statutory limitations. In Executive Order No. 292, the Administrative Code of 1987 empowers the President to reorganize the structure and staffing of the executive branch in order to promote efficiency and effectiveness.
- Reorganization Authority
  The President’s power to reorganize the executive branch is an important administrative tool, but it must be in accordance with the law. In the case of Buklod ng Kawaning EIIB v. Zamora (G.R. No. 142801, July 10, 2001), the Supreme Court held that the President can validly abolish or merge government offices provided that such reorganization is done in good faith and for the purpose of efficiency.

C. Power of Supervision

The President exercises supervision over local governments, as explicitly provided for in Article X, Section 4 of the Constitution. Supervision involves ensuring that local government units (LGUs) comply with national laws, policies, and standards, but it does not allow the President to substitute his or her judgment for that of local officials.

Power over Autonomous Regions and Local Government Units (LGUs)
The President’s power of supervision includes oversight over the implementation of laws at the local level. Local governments have autonomy, but their actions are subject to the supervision of the President to ensure compliance with national policies.
- Delegated Authority to DILG
  The Department of the Interior and Local Government (DILG), under the President’s control, exercises direct supervision over local governments. The President, through the DILG, can suspend or remove local officials for violations of law, but only after observing the proper due process.
Delegation of Supervisory Powers
The President can delegate supervisory functions to heads of executive departments. In the case of autonomous regions, the President has a duty to ensure that their laws and policies are in accordance with the Constitution and national laws.

D. Faithful Execution of the Laws

Under Article VII, Section 17 of the Constitution, the President has the duty to "ensure that the laws are faithfully executed." This is one of the most fundamental aspects of the executive’s role in governance, emphasizing the obligation of the President to enforce and implement the laws passed by Congress.

Use of Executive Instruments
The President employs various instruments, such as executive orders, administrative orders, proclamations, and memorandum circulars, to fulfill the duty of faithful execution. These instruments operationalize the implementation of legislative enactments within the executive branch.
Discretion in Law Enforcement
The President, through the executive departments and the police and military, exercises discretion in law enforcement. This discretion is not unlimited, as it must be consistent with constitutional and legal standards. Executive discretion in law enforcement is recognized in the case of David v. Arroyo, where the Supreme Court underscored the importance of balancing executive discretion with adherence to the rule of law.

These powers collectively enable the President to effectively lead the executive branch and fulfill the role of the Chief Executive in administering the affairs of the government. The President's executive and administrative powers are essential to ensure that the government's machinery operates smoothly, that laws are implemented, and that national policies are carried out effectively.