Review Pointers in Political Science Prepared by: AC Cayetano ARTICLE VII EXECUTIVE DEPARTMENT II. POWERS OF THE PRESIDENT.

1.

Appointing Power.

1.1. 1.2. 1.3.

Appointment the selection by the authority vested with the power, of an individual who is exercising the function of a given office. Designation means simply the imposition of additional duties, usually by law on a person already in the public service. Kinds of Appointment.

1) 2) 3)

Regular Appointment one which undergoes the appointing process before an appointee may validly assume his position. It is made while Congress is in session. Ad Interim Appointment one which is made while Congress is not in session and is deemed effected before the confirmation of the Commission on Appointment. Permanent Appointment is one that is granted or extended to individuals with all the qualifications and eligibilities required by law in the performance of the functions and are protected through the constitutional guarantee of security of tenure. Temporary Appointment one that is revocable at the will of the appointing power.

4) 2.

Control Power.

2.1.

Control the power of an officer to alter or modify or annul or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. Power of Control includes the power of the President to remove, to suspend, or to cause investigation of any issue brought to his attention. Doctrine of Qualified Political Agency one whereby the acts of the cabinet secretaries of the executive departments, performed and promulgated in the regular course of business, are, unless disapproved or reprobated by the Chief Executive, presumptively the acts of the Executive.

2.2. 2.3.

3.

Military Power.

3.1.

Military Power is one whereby the President as Commander of Chief exercises control over military operations during the progress of war, not only on the side of strategy and tactics, but also in reference to the political and international aspects of the war. The President shall be the Commander-in-Chief . The President as commander-inchief of all armed forces of the Philippines and whenever it becomes necessary, may call

3.2.

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out such armed forces to prevent or suppress lawless violence, invasion or rebellion. [Sec. 18, Art. VII].

4.

Pardoning Power.

4.1. 4.2. 4.3. 4.4. 4.5. 4.6. 5.

Pardon an act of grace which exempts the individual on whom it is bestowed from the punishment, which the law inflicts for the crime he has committed. Reprieve a postponement of a court sentence to a certain date, or a stay of execution. Commutation a reduction of the original penalty imposed by a court that is from death to reclusion perpetua. Amnesty an act of the State granting a total forgetfulness to a political offender Parole one that is granted to a subject who is still under the custody of the law by releasing him from imprisonment while his liberty is not restored. Executive Clemency one that is granted to person who is administratively charged of less grave acts or omissions.

Borrowing Power one that is vested in the President to enter into contract or guarantee foreign loans on behalf of the Republic of the Philippines but with the prior concurrence of the Monetary Board of Central Bank. Diplomatic Power. 6.1. The President: head of the State, symbol of national unity and interest, and the chief policy negotiator or implementer of both local and foreign policies, Diplomatic Power the power of the President: 1) 2) 3) 4) To deal with foreign States and governments. To enter into treaty negotiation and conclude the same. To extend recognition to foreign States. To establish, maintain or cut diplomatic relations on his sound prerogative.

6.

6.2.

7.

Budgetary Power the power of the President to submit to Congress a budget expenditures and sources of financing, including receipts from existing and proposed revenue measures. It also includes the power to determine specifically to which governmental agencies or activities these appropriations should be allotted. Veto Power.

8.

8.1.

Veto (Lat.: I forbid) means the refusal of the executive whose assent is necessary to perfect a law passed by the legislature, and the message of the executive to the lawmaking body stating refusal and reasons therefor. Kinds of Veto.

8.2.

1) General or Absolute Veto one that destroys totally the bill. 2) Qualified (item-veto or line-veto) one that prevents a bill or a portion or item
thereof from becoming a law unless passed again by stated proportion of votes or with other formalities.

9.

Information Power. The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time. [Sec. 23. Art. VII].

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10.

Residual Power one that underlies the power of the President which may not be specifically granted by the Constitution and shall be exercised as an integral stature of Presidential power that enables him to promote the all-embracing system of general welfare.

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