The document discusses various powers and duties of the President based on the Constitution. It covers the President's power of appointment, control over the executive branch, military powers, pardoning powers, power to contract loans, treaty-making powers, budget submission duties, and duty to address Congress. The summaries focus on providing a high-level overview of the key topics and information discussed in the document in 3 sentences or less.

1. Bervilene Tesoro
Abigail Nicdao

2. Sec. 13.
The President, the Vice- President, the Members of the
Cabinet, and their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other office or employment
during their tenure. They shall not, during said tenure, directly or
indirectly practice any other profession, participate in any
business, or be financially interested in any contract with, or in any
franchise, or special privilege granted by the Government or any
subdivision, agency, or instrumentality thereof, including
government-owned or –controlled corporations or their subsidiaries.
They shall strictly avoid conflict of interest in the conduct of their
office.
The spouse and relatives by consanguinity or affinity within
the fourth civil degree of the President shall not during his tenure be
appointed as Members of the Constitutional Commissions, or the
Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of bureaus or

3. Sec. 14.
Appointments extended by an Acting
President shall remain effective, unless
revoked by the elected President within
ninety days from his assumption or
reassumption of office.
Acting President:
• Exercises the powers & functions of the Office of the President
• NOT the incumbent President
• has not become a President to serve the unexpired portion of the term

4. Sec. 15.
Two months immediately before the
next presidential elections and up to the
end of his term, a President or Acting
President shall not make
appointments, except temporary
appointments to executive positions when
continued vacancies therein will prejudice
public service or endanger public safety.

5. Sec. 16.
The President shall nominate and with the consent of
the Commission on Appointments, appoint the heads of the
executive departments, ambassadors, other public ministers
and consul, or officers of the armed forces from the rank of
colonel or naval captain and other officers whose
appointments are vested in him in this Constitution. He shall
also appoint all other officers of the Government whose
appointments are not otherwise provided for by law, and
those whom he may be authorized by law to appoint. The
Congress may, by law, vest the appointment of other officers
lower in rank in the President alone, in the courts, or in the
heads of department, agencies, commissions, or boards.
The President shall have the power to make the
appointments during the recess of the Congress whether
voluntary or compulsory, but such appointments shall be
effective only until disapproval by the Commission on
Appointments or until the next adjournment of the Congress.

6. Sec. 16.
 APPOINTMENT – the act of designation
by the executive officer, board, or body
to whom the power has been
delegated, of the individual who is to
exercise the functions of a given office.

7. Sec. 16. Nature of power to appoint
 The power of appointment is intrinsically
an executive prerogative
May also appoint those
officers who are
Creates the office Legislative body necessary to the
exercise of their own
functions
Defines its power Provides the compensation
Limits its duration

8. Sec. 16. Officials whose appointments
are vested in the President
 The heads of executive departments, ambassadors, and
other public ministers and consuls;
 The officers of the Armed Forces of the Philippines from
the rank of colonel or naval captain
 Other officers whose appointments are vested in the
President by the Constitution
 All other officers of the Government whose appointments
are not otherwise provided for by the law, and they refer
to officers to be appointed to lower offices created by
Congress where the latter omits to provide for
appointments to said offices, or provides in an
unconstitutional way for such appointments; and
 Those whom he may be authorized by law to appoint
such as the government-owned or controlled
corporations, department undersecretaries, heads of
bureaus and offices, and other officials

9. Under other provisions
 Members of the Supreme Court
 Judges of lower court (including
Sandiganbayan)
 The regular members of the Judicial and
Bar Council
 The Chairman and the Commissioners of
the Civil Service Commission
 The Chairman and the Commissioners of
the Commission on Audit
 Ombudsman and his Deputies

10. Securities and
Exchange Insurance
Commission Commission
Ombudsman and
Members of the
his Deputies
Judiciary
National Irrigation
Administration
Ranking of officers Chairman and
of the PNP Members of the
Commission of
Human Rights

11. Kinds of presidential appointments
(required to be submitted to the
Commission on Appointments)
 1. Regular appointments
 2. Ad interim appointments

12. 1. Regular appointments
Nomination by the
President
Consent by the
Commission on
Appointments
Appointment by the
President

13. 2. Ad interim appointments
 Voluntary- before the adjournment
 Compulsary- when Congress adjourns

14. Kinds of appointment in the
career services:
 Permanent
 Temporary or acting

15. Steps in the appointing
process:
APPOINTMENT
ACCEPTANCE

16. Kinds of Acceptance:
 Express- when done verbally or in writing; and
 Implied- when, without formal acceptance, the
appointee enters upon the exercise of the
duties and functions of an office.
DESIGNATION- simply the mere imposition of
new or additional duties upon an officer
already in the government service (or any
other competent person) to temporarily
perform the functions of an office in the
executive branch when the officer regularly
appointed to the office is unable to perform his
duties or there exists a vacancy

17. Removal power of the
President
 Not expressly granted
 Impliedly granted
 Removal power of other officers

18. Extent of the President’s Power
to remove
 Exercising purely executive functions
whose tenure is not fixed by law.
 Exercising quasi-legislative or quasi-
judicial functions
 Constitutional officers (impeachment)
 Civil service officers

19. Sec. 17.
The President shall have control of all
the executive departments, bureaus, and
offices. He shall ensure that the laws be
faithfully executed.

20. Power of control over all
executive
departments, bureaus and
officers President as administrator
 Role of
 Powers giving control

21. Nature and extent of the power
of control
 Over cabinet members
 Over other subordinate officers
 Over officers and employees in the
career service

22. Power to insure that the laws
be faithfully executed
 Primary function of President
 More of a mandatory duty than a power

23. Sec. 18
The President shall be Commander-in-Chief of all armed forces of the Philippines and whenever it
becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion
or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not
exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines
or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or
the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person
or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its
Members in regular or special session, may revoke such proclamation or suspension, which revocation
shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the
same manner, extend such proclamation or suspension for a period to be determined by the Congress, if
the invasion or rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours following such proclamation or
suspension, convene in accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the
writ or the extension thereof, and must promulgate thereon within thirty days from filing.
A state of martial law does not suspend the operation of the Constitution, not supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on
military courts and agencies over civilians where civil courts are able to function, nor automatically
suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained shall be
judicially charged within three days, otherwise he shall be released.

24. Military power of the President
 1. Powers to meet emergency situations
 A. to call out the armed forces to prevent or
suppress lawless violence
 B. to suspend the privilege of the writ of
Habeas Corpus
 C. to declare martial law
 Commander- in- Chief of the Armed
Forces

25. Powers of President as
Commander-in-Chief of the
Armed Forces
o Not a member of the Armed Forces
o Not subject to court martial or military
discipline
o Has control of the military organization
and personnel
o Has the power to callout the armed
forces to prevent suppress lawless
violence

26. However, even in a state of martial law
military courts and agencies have no
jurisdiction over civilians where civil
courts are able to function.
In event of war, the President, normally,
would delegate the actual command of
the armed forces to his military experts.
But the ultimate command belongs to
him

27. Authority of Congress over
Armed Forces
Congress shares with the President his
authority over the armed forces. It
supplies the money and make the laws
for their governance. To it belongs the
sole power to declare the existence of a
state of a war.

28. Power to suspend privilege of
writ of habeas corpus
 There must be invasion or rebellion
 The public safety must require the
suspension

29. Meaning of martial law
 1. It includes all laws that have reference to
and are administered by the military forces
of the state.
 A. the military law proper
 B. the rules governing the conduct of military
forces in times of war and in places under
military occupation.
2. It is the law which has application when
the military arm does not supersede civil
authority but is called upon to aid it in the
execution of its vital functions.

30. Basis, object, and duration of
martial law
 Basis
 Object
 Duration

31. Restriction on the exercise of
the two powers
 1. there must be invasion or rebellion and public safety
requires the proclamation or suspension
 2. the duration should not exceed 60 days unless
extended by congress upon the initiative of the President
 3. the President must submit a report in person or in
writing to Congress within 48 hours from the proclamation
or suspension
 4. the proclamation or suspension may be revoked by
majority vote of all members of Congress voting jointly
which revocation shall not be set aside by the President.
 5. the Supreme Court may inquire into the sufficiency or
factual basis of the proclamation or suspension.
 6. the effects of a state of martial law are clearly spelled
out, to define the extent of the martial power.

32. Effects of a state of martial law
 1. Operation of the Constitution
 2. Functions of civil courts and
legislative assemblies
 3. Jurisdiction of military courts and
agencies
 4. Privilege of the writ of habeas corpus

33. Sec. 19.
Except in cases of impeachment, or
as otherwise provided in this Constitution,
the President may grant reprieves,
commutations, and pardons, may remit
fines and forfeitures, after conviction by
final judgment.
He shall also have the power to
grant amnesty with the concurrence of
a majority of all Members of the
Congress.

34. Pardoning Power
The pardoning power extends to all
offenses, including criminal contempt
(disrespect to or disobedience to a court
which amounts to a crime). It does not
give the President the power to
exempt, except from
punishment, anyone from the law.

35.  Reprieve- postponement of the execution
of a death sentence to a certain date.
 Commutation- reduction of the sentence
imposed to a lesser punishment, as from
death to life imprisonment. It may be
granted without the acceptance and even
against the will of the convict.
 Pardon- act of grace proceeding from the
power entrusted with the execution of the
laws which exempts the individual on
whom it is bestowed, from the punishment
law inflicts for a crime he has committed.

36. Kinds of pardon
 Absolute
 Conditional

37. Limitations upon pardoning
power
 1. It may not be exercised for offenses in
impeachment cases
 2. It may be exercised only after conviction
by final judgement
 3. It may not be exercised over civil
contempt
 4. In case of violation of election law or
rules and regulations, no pardon, parole, or
suspension of sentence may be granted
without the recommendation of the
Commission on Elections.

38. Effects of Pardon
 1. It removes penalties and disabilities
and restores him to his full civil and
political rights.
 2. It does not discharge the civil liability
of the convict to the individual he has
wronged as the President has no power
to pardon a private wrong.
 3 It does not restore offices, property, or
rights vested in others in consequence
of the conviction.

39.  Remission- prevents the collection of
fines or the confiscation of forfeited
property.
 Amnesty- an act of the sovereign power
granting oblivion or a general pardon for
a past offense usually granted in favor of
certain classes of persons who have
committed crimes of a political
character, such as treason, sedition, or
rebellion.

40. Pardon and amnesty
distinguished
 1. Pardon is grated by the President alone after
conviction, while amnesty with the concurrence of
Congress before or after conviction
 2. Pardon is an act of forgiveness, while amnesty is
the act of forgetfulness.
 3. Pardon is grated for infractions of the peace of the
State, while amnesty, for crimes against the
sovereignty of the State.
 4. Pardon is a private act of the President which
must be pleaded and proved by the person who
claims to have been pardoned, while amnesty by
proclamation of the President with the concurrence
of Congress is a public act of which the courts will
take judicial notice.

41. Sec. 20.
The President may contract or guarantee
foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary
Board, and subject to such limitations as may be
provided by law. The Monetary Board shall, within thirty
days from the end of every quarter of the calendar
year, submit to the Congress a complete report of its
decisions on applications for loans to be contracted or
guaranteed by the Government or government- owned
and –controlled corporations which would have effect of
increasing the foreign debt, and containing other
matters as may be provided by law.

42. Authority to contract and
guarantee foreign loans
 1. Exclusive executive function
 2. Concurrence of Monetary Board
required
 3. Checks by Congress

43. Sec. 21.
No treaty or international agreement
shall be valid and effective unless
concurred in by at least two- thirds of all
the Members of the Senate.

44.  Treaty- compact made two or more
states, including international
organizations of states, intended to
create binding rights and obligations
upon the parties thereto.

45. Steps in treaty- making
Negotiation
 Approval or
ratification

46. Sec. 22.
The President shall submit to the
Congress within thirty days from the
opening of every regular session, as the
basis of the general appropriations bill, a
budget of expenditures and sources of
financing, including receipts from existing
and proposed revenue measures.

47. Sec. 23.
The President shall address the
Congress at the opening of its regular
session. He may also appear before it at
any other time.