The Executive Branch of the Philippine Government
This reading material helps you understand and analyze the roles and powers of the Executive Branch of the
Government of the Philippines, including its mandates, structure, and functions.
Article VII, Section 1 states that the executive power shall be vested in the President of the Philippines.
Executive Power is defined as the power to implement laws in one country. If the legislature’s task
is to create or make laws while the judiciary’s duty is to interpret or apply these laws, the executive
branch of the government is vested with the power to execute these laws and make sure that they
are properly implemented.
The structure, organization, powers, responsibilities, and prohibitions of the executive branch are
provided under Article VII of the 1987 Constitution.
The president is entrusted to execute laws, and control and administer government affairs. The
president is also regarded as the government’s chief executive officer.
The President of the Republic of the Philippines is both the head of government and head of state.
This means that he or she holds both governmental and ceremonial powers.
THE PRESIDENT OF THE PHILIPPINES
Qualifications
Section 2. No person may be elected President unless he is:
1. a natural-born citizen;
2. a registered voter;
3. able to read and write;
4. at least 40 years of age on the day of the election; and
5. a resident of the Philippines for at least 10 years immediately preceding his or her election.
Manner of Election and Term of Office
Section 4. The President and the Vice-President shall be elected by direct vote of the people (the person
having the highest number of votes [plurality method] shall be elected) for a term of six years.
The President shall not be eligible for any re-election.
Should there be any questions pertaining to the election, the Supreme Court shall be the one to settle
questions about the election, returns, and qualifications of these officials. The Supreme Court serves
therefore as the Presidential Electoral Tribunal.
In case of a tie, the candidate who will win will be chosen by the vote of a majority of Congress (both
Senate and House of Representatives), voting separately.
There are, however, instances when the position of president or vice president will be vacated. This is
an issue of presidential succession and the constitution also has provisions regarding such
circumstances.
Line of Succession
The constitution provides for a line of succession in the event that the elected President of the
Philippines is not able to discharge the duties of his office due to death, disability, or resignation. The
following is the line of succession:
- Vice President — in cases of the death, disability, or resignation of the President
- Senate President — in cases of the death, disability, or resignation of the President and
Vice President
- Speaker of the House of Representatives — in cases of the death, disability, or
resignation of the President, Vice President, and Senate President
Contrary to popular belief, the constitution doesn’t include the Chief Justice of the Supreme Court in
the President’s line of succession.
The Congress of the Philippines is mandated to enact a law calling for a special election three days after
the vacancy in the Office of the President and Vice President.
Should there be a vacancy of the Office of the Vice President, the President of the Philippines is required
by the constitution to nominate a replacement with the concurrence of Committee on Appointments.
Powers of the President
Besides the constitution, the powers of the President of the Philippines are specifically outlined
in Executive Order No. 292, s. 1987, otherwise known as the Administrative Code of 1987. The following
powers are:
1. Power of control over the executive branch
2. Ordinance power (issuance of executive orders, administrative orders, proclamations,
general or special orders, etc.)
(Note: During the term of President Ferdinand E. Marcos, he used executive issuances known
as presidential decrees as a form of legislation. These decrees have the full force and effect of
laws because at the time the legislature did not exist and, when the 1973 Constitution was put
into full force and effect, it gave the power to the President to do as such. This continued until
the first year of President Corazon C. Aquino’s term. However, President Aquino opted to used
executive orders instead of presidential decrees. President Aquino’s executive orders, however,
still had the full force and effect of laws until the ratification of the 1987 Constitution.)
3. Power over aliens (deportation, change of status, etc.)
4. Power of appointment (of government officials)
5. Power of general supervision over local governments
6. Other powers as may be provided by law
THE VICE PRESIDENT OF THE PHILIPPINES
Section 3, Article VI states that: “There shall be a Vice-President who shall have the same qualifications
and term of office and be elected with, and in the same manner, as the President. He may be removed
from office in the same manner as the President.
The Vice President of the Philippines is elected by direct vote by the people for a term of six years, and
may run for reelection once.
The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no
confirmation.
Duties of the Vice President
The Vice-President may concurrently assume a cabinet position should the President of the Philippines
offer the former one. The Vice-President will become a secretary concurrent to the position of Vice-
President.
Aside from the cabinet post, the Vice-President is mandated to assume the presidency in case of the
death, disability, or resignation of the incumbent President.
CABINET SECRETARIES
Cabinet secretaries act as the alter ego of the President executing, with his authority, the power of the
Office of the President in their respective departments.
The number of cabinet secretaries varies from time to time depending on the need of an administration.
According to the Administrative Code of 1987, the President of the Philippines may create or dissolve
any department as he sees fit.
Appointment of Cabinet Secretaries
According to the Article VII, Section 16, the President may appoint anyone to executive departments
with the consent of the Commission on Appointments. Names of individuals nominated to cabinet
posts are submitted to the Commission on Appointments for their consideration.
LOCAL GOVERNMENTS
The executive branch extends beyond the national government. According to Article X, Section 4 of the
constitution, the President of the Philippines is mandated to supervise local governments all over the
country.
However, because of Republic Act No. 7160, otherwise known as the Local Government Code of 1991,
local governments enjoy relative autonomy from the national government.
Powers of the LGUs
Local government units also have the power to create its own sources of revenue and to levy taxes, fees,
and charges that shall accrue exclusively to them.
Each local government has its own chief executive. The following is the list of local chief executives:
1. barangay — punong barangay (barangay chairman)
2. municipality — municipal mayor
3. city — city mayor
4. province — provincial governor
The local chief executives have the power to approve or veto local ordinances recommended by the
local legislators.
Punong barangay
– The punong barangay, as the chief executive of the barangay government
Municipal and City Mayors
– The municipal mayor and city mayor, as the chief executive of the municipal government and
city government
Provincial Governors
– The provincial governor, as the chief executive of the provincial government
Term Limits
The offices of the abovementioned local chief executives are limited to three consecutive three-year
terms. Once they end their third term, they may not run for reelection, but may run again once they let
one term pass.
References:
https://mirror.officialgazette.gov.ph/about/gov/exec/
https://mirror.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-
philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-vii/
https://www.officialgazette.gov.ph/constitutions/1987-constitution/
