OTHER POWERS OF THE PRESIDENT

As mandated by the Constitution, the President is vested with the following powers:

1. to call the Congress to special session
2. to approve or veto bills
3. to consent to the deputization of government personnel by the Commission on Elections
4. to discipline its deputies
5. to exercise emergency and tariff powers.

THE INFORMING POWER

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

THE BUDGETARY POWER

The budget is the schedule of expenditures and revenue measures. This budgetary power is entrusted to the President since he is in the best position to determine the needs of the government and propose the corresponding appropriations on the basis of existing or expected sources of revenue.

In the execution of budgetary power, 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.

The appropriations recommended by the President for the operation of the government as specified in the budget may not be increased by the Congress.

THE DIPLOMATIC POWER

As head of State, the President is the spokesperson of the nation on external affairs. He may deal with foreign states and governments, extend or withhold recognition, maintain diplomatic relations, enter into treaties, and otherwise transact the business of foreign relations.

The power to conclude treaties is however subject to the concurrence of at least two-thirds of all the Members of the Senate and also of the Supreme Court which has also the power to delcare them unconstitutional.

THE BORROWING POWER

The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of teh Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall submit to Congress a report on loans within 30 days from the end of every quarter. (Suarez, 2005)

THE PARDONING POWER

The President with his pardoning power may grant reprieves, commutations, and pardons and remit fines and forfeitures, after conviction by final judgment. The President may also grant amnesty with the concurrence of a majority of all the Members of the Congress.

Definitions
A pardon is 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.
A parole is when a prisoner is released from imprisonment but his liberty is not fully restored because the parolee is still considered in the custody of the law although he is not in confinement.
A commutation is a reduction or mitigation of the penalty, e.g., when the death sentence is reduced to life imprisonment.
A reprieve is merely a postponement of a sentence to a date certain, or a stay of execution. It may be ordered to enable the government to secure additional evidence to ascertain the guilt of the convict or, in the case of the execution of the death sentence upon a pregrant woman, to prevent the killing of her unborn child.
An amnesty is an act of grace given with the concurrence of Congress. It is usually extended to groups of persons who committed political offenses and it abolishes the offense itself.

Kinds of Pardon
Pardon may be classified into

1. absolute or conditional; and
2. plenary or partial.

An absolute pardon is one given without any conditions attached. Whereas, a conditional pardon is one under which the convict is required to comply with certain requirements. In conditional pardon, the offender has the right to reject the pardon if he feels that the conditions imposed are more onerous than the penalty sought to be remitted. On the other hand, in case of absolute pardon, it is complied even without the acceptance of the pardonee.

A plenary pardon extinguishes all the penalties imposed upon the offender, including accessory disabilities, whereas a partial pardon does not.

Limitations

1. It cannot be granted in cases of impeachment.
2. It cannot be granted in cases of violations of election laws without the favorable recommendation of the Commission on Elections.
3. It can be granted only after conviction of final judgment.
4. It cannot be granted in cases of legislative contempt or civil contempt.
5. It cannot absolve the convict of civil liability.
6. It cannot restore public offices forfeited.

THE MILITARY POWER

The military power enables the President to:

1. command all the armed forces of the Philippines;
2. suspend the privilege of the writ of habeas corpus; and
3. declare martial law.

Command of the Armed Forces
Based on the constitutional principle of the supremacy of the civilian authority over the military, the President is held as the Commander-in-Chief of all the armed forces. Whenever necessary, he may call out such armed forces to prevent or suppress violence, invasion or rebellion only.

Habeas Corpus
The writ of habeas corpus is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, to submit to, and receive whatever the court or judge awarding the writ shall consider in his behalf. It is a high prerogative common law writ of ancient origin the great object of which is the liberation of those who may be in prison without sufficient cause. (Moran)

The President is entrusted the power to suspend the privilege of the writ of habeas corpus. Note that what is suspended is not the writ itself but only the privilege of it. This means that when the court receives an application for the writ, and it finds the petition in proper form, it will issue the writ as a matter of course, i.e., the court will issue an order commanding the production before the court of the person allegedly detained, at a time and place stated in the order, and requiring the true cause of his detention to be shown to the court. If the return to the writ shows that the person in custody was apprehended and detained in areas where the privilege of the writ has been suspended or for crimes mentioned in the executive proclamation, the court will suspend further proceedings in the action. (Cruz, 2002)

Martial Law
Martial law refers to that law which has application when the military arm does not supersede civilian authority but is called upon to aid it in the execution of its civil function.

During martial law, there is no new powers given to the executive, no extension of arbitrary authority is recognized, no civil rights are suspended. The relations between the state and its citizens is unchanged. The interference that may be caused to personal freedom or property rights must always be based on necessity.

Limitations of the Military Powers
The military powers of the President is not absolute. The following are the limitations on the military powers of the President:

1. He may call out the armed forces when it becomes necessary to prevent or suppress lawless violence, invasion or rebellion only.
2. The grounds for the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law are now limited only to invasion or rebellion, when the public safely requires it.
3. The duration of such suspension or proclamation shall not exceed sixty days, following which it shall be automatically lifted.
4. Within forty-eight hours after such suspension or proclamation, the President shall personally or in writing report his action to the Congress. If not in session, Congress must convene within 24 hours without need of a call.
5. The Congress may then, by a majority vote of all its members voting jointly, revoke his action.
6. The revocation may not be set aside by the President.
7. By the same veto and in the same manner, the Congress may, upon initiative of the President, extend his suspension or proclamation for a period to be determined by the Congress if the invasion or rebellion shall continue and the public safety requires the extension.
8. The action of the President and the Congress shall be subject to review by the Supreme Court which shall have the authority to determine the sufficiency of the factual basis of such action. This matter is no longer considered a political question and may be raised in an appropriate proceeding by any citizen. Moreover, the Supreme Court must decide the challenge within thirty days from the time it is filed.
9. Martial law does not automatically suspend the privilege of the writ of habeas corpus or the operation of the Constitution. The civil courts and the legislative bodies shall remain open. Military courts and agencies are not conferred jurisdiction over civilians where the civil courts are functioning.
10. The suspension of the privilege of the writ of habeas corpus shall apply only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion.
11. Any person arrested for such offense must be judicially charged therewith within three days. Otherwise he shall be released.

THE CONTROL POWER

Section 17, Article VII of the Constitution mandates that the President shall have the control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed.

Control is defined as the power of an officer to alter or modify or nullify 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. It includes the authority to order the doing of an act by a subordinate or to undo such act or to assume a power directly vested in him by law. (Cruz, 2002).

The control power of the President is directly derived from the Constitution. Thus, any law that will limit the exercise of his control power is invalid. The members of the Cabinet as his alter ego are under the full control of the President. He may appoint them as he sees fit, shuffle them at pleasure, and replace them in his discretion without any legal inhibition whatsoever. (ibid).

Control vs. Supervision
Control is different from supervision. To supervise is to oversee that subordinate officers perform their duties. If the subordinates fail or neglect to fulfill them, then the officer may take such action or steps as prescribed by law to make them perform these duties.

The "take-care" clause
The President is considered as the Law Enforcer. He is to enforce the Constitution, statutes, judicial decisions, administrative rules and regulations and municipal ordinances, as well as treaties entered into by the government.  The President cannot choose what he just would like to enforce or what he deemed lawful. He is to execute and implement all laws unless it is declared unconstitutional by the judiciary.

THE APPOINTING POWER

Appointment may be defined as the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. (Cruz, 2002).

Under the Constitution, the President is authorized to appoint, with the consent of the Commission on Appointment, the following:

1. heads of the executive departments;
2. ambassadors, other public ministers and consuls;
3. officers of the armed forces from the rank of the colonel or naval captain;
4. other officers whose appointments are vested in him by the Constitution;
5. all other officers of the Government whose appointments are not otherwise provided by law; and
6. those whom he may be authorized by law to appoint.

Permanent or Temporary.
Appointment may be permanent or temporary. It is permanent when the person appointed possesses the required eligibility of the post and is thus protected by the constitutional provision on security of tenure. Temporary appointment, on the other hand, is given to a person without the required eligibility, and thus can be removed from the office without the necessity of just cause or a valid investigation. Temporary appointments rest on the understanding that the person will be replaced at any time a final choice shall have been made by the President of who shall occupy the post.

Appointment vs. Designation
Designation is different from appointment. Although designation may be loosely defined as an appointment because it also involves the naming of a particular person to a specified public office, the latter simply means the imposition of additional duties, usually by law, on a person already in the public service. For example, the chairman of the Board of Investments is, by designation, a member of the National Economic Development Council. (ibid).

Regular or Ad Interim
A regular appoinment is made during the legislative session. It is made only after the nomination is confirmed by the Commission on Appointment (CA) and once confirmed by the CA, continues until the end of the term of the appointee.
An ad interim appointment is made when the Congress is in recess. It does not wait for the confirmation of the Commission on Appointment but such appointment ceases to be valid if disapproved by the CA or upon the next adjournment of the Congress. This kind of appointment is intended to prevent a hiatus in the discharge of official duties.

Limitations

1. Congress may prescribe qualifications for public office.
2. Certain appointments are subject to approval of the Commission on Appointments.
3. The Judiciary may annul appointments made by the President if the appointee has not been validly confirmed or does not possess the required qualifications.
4. Appointments to public office cannot be forced upon any citizen except for purposes of the defense of the State.
5. Appointments extended by an acting President shall remain effective unless revoked by the elected President within ninety days from his assumption of office.
6. Appointment is prohibited two months before the next presidential elections and up to the end of the president or acting president except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety. (midnight appointment)

The Removal Power
From having the power of appointment, comes the removal power. The President may remove his appointtees, especially the members of the Cabinet or other executive officials whose term of office is determined at his pleasure.

Not all appointees however can be removed by the President since the Constitution prescribes certain methods for the separation from the public service. For example, the justices of the Supreme Court, members of the Constitutional Commissions, the Ombudsman, although appointed by the President may only be removed thru impeachment. Judges of the Supreme Court are not within the ambit of the removal power of the President, but rather of the disciplinary authority of the Supreme Court.

POWERS OF THE PRESIDENT

Clear is the profound influence of the President as he is the most powerful person of the State. As head of state and chief executive, he is conferred with vast powers to enable him to lead the State.

The following are the list of the specific powers granted to the President by the Constitution:

1. Appointing power
2. Control power
3. Military power
4. Pardoning power
5. Borrowing power
6. Diplomatic power
7. Informing power
8. Other powers

2010 SONA

President Noynoy Aquino's 2010 State of the Nation Address

THE FILIPINO PRESIDENT

The President of the Philippines is undeniably the most powerful and most influential person in the Philippines. In him vests a plenitude of authority but awesome responsibilities.

Qualifications.

As prescribed in the Constitution, the following are the qualifications of a President:

1. natural-born Filipino citizen;
2. registered voter;
3. able to read and write;
4. at least 40 years old on the day of the election; and
5. 10-year residency in the Philippines. 

The Vice-President has the same qualifications of a President.

Election and Proclamation

1. All the election returns, duly certified by the board of canvassers of each province or city, are to be transmitted to the Congress, directed to the Senate President.
2. The Senate President shall not later than 30 days upon receipt, open all certificates in the presence of the Congress in joint public session.
3. The Congress determines the authenticity of the certificates and canvass the votes.
4. The person having the highest number of votes shall be proclaimed elected.
5. In case of tie, the Congress voting separately shall choose who shall be elected. 

Term.

The term of the President (and the Vice-President) is under Sec 4, Article VII, 1987 Constitution. It states that the President serves a term of six (6) years only and is not eligible to run for re-election. It starts at the 12th noon of June following the day of the election and ends at noon of the same date six years thereafter. Any person who has succeeded as President and has served for more than four years is also barred for re-election. In the same manner that former President Gloria Arroyo became eligible to run in the highest post of the land because she did not serve therein for more than four years.

THE EXECUTIVE BRANCH

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The executive department is more likely to be known as the branch that holds the power of the sword. This branch is concerned in the execution of governmental policies as it possesses the power to enforce and administer the laws.

The head of the executive department is often times referred as the Chief Executive. There are three types of chief executive, to wit:

1. Authoritarian executive,
2. Presidential executive, and
3. Parliamentary executive.

An authoritarian executive has no power limits. He can do whatever he wants. A parliamentary head, who's also the Cabinet head is directly accountable to the legislature and whose term is under the control of the Parliament. A presidential executive holds the final authority but his power is constrained by Congress and Judiciary under the principle of checks and balance.  The President of the Philippines is an example of a presidential executive.

POWER OF EXPROPRIATION

To expropriate is to take away the property of another and transfer it to one's self. In the same manner that the government may take away one's private property to be used for public use upon payment of just compensation.

This power to expropriate is lodged primarily in the national legislature, although its exercise may also be delegated to other governmental agencies including quasi-public corporations serving essential public needs or utilities.

To consider the power of expropriation as valid, the following conditions must be met:

• the property subject for expropriation must be a private property
• the property subject for expropriation must be used for public purpose
• the owner of the property subject for expropriation must be paid just compensation

photo source: http://www.cartoonstock.com/newscartoons/cartoonists/rma/lowres/rman10042l.jpg

POWER OF TAXATION

Taxes are the proportionate contribution from persons and property, imposed by the State by virtue of its sovereignty, for the support of government and for all public needs.

Taxes are the lifeblood of the government. Without which, no government can function. The power to tax is so important that the people must share in the expenses to be incurred by the government in protecting them and extending them benefits in the form of public projects and services.

The power of taxation is inherently vested in the national legislature although the local legislative bodies can already exercise said power. Example of this is the levying of loca tax in cinemas.

photo source: http://www.threshold.ie/imageupload/tax-image.jpg

POWER OF APPROPRIATION

With the Constitutional provision that no money shall be paid out of the pocket of the State except in pursuance of an appropriation made by law, comes the appropriation power of the legislative body. This appropriations power likewise gives the legislative body the title that it holds the power of the purse.

Definition.
An appropriation law is a statute in which the specific and primary function is to authorize the release of public funds from the treasury. A public works act and the yearly general appropriations act are examples of appropriation measures.

Classification.
Appropriation measures are classified into two: general and specific. A general appropriations law is passed annually to provide for the financial operations of the whole government during one fiscal period. On the other hand, a special appropriation law is only for a specific purpose, such as construction of a national highway.

Implied Limitations.
An appropriation law in order to be valid must be devoted for public purpose. No public money shall be spent for private gains only. For example, an appropriation for the construction of roads inside a private subdivision is not allowed. (Pascual vs. Secretary of Public Works and Communications).

Another requirement of a valid appropriation is that the sum authorized to be released must be determinate or at least determinable. Otherwise, the national treasurer will have no guide or worse, will have unlimited discretion in the release of public funds. Ideally, the law must appropriate a fixed amount, but it is sufficient if only the maximum is indicated. But where the minimum rather than the maximum is specified, as where there is an appropriation of "not less than one million pesos", the measure is invalid for lack of certainty. Here the national treasurer is in effect authorized to release from the treasury any amount in excess of one million pesos. (Cruz, 2002).

Constitutional Limitations.
The following are limitations set forth in the Constitution:

1. All appropriations bill shall originate from the House of Representatives.
2. Discretionary funds appropriated for particular officials shall be disbursed only for public purpose to be supported by appropriate vouchers and subject to guidelines as may be prescribed by law.
3. Special appropriations bill shall specify the purpose for which it is intended and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal included therein.
4. The Congress shall not increase the general appropriations recommended by the President. Form, content and manner of preparation of the budget shall be prescribed by law. 
5. No "riders" or irrelevant provisions shall be included in the general appropriations bill. 
6. The procedure in approving the appropriations for the Congress shall strictly follow the same procedure for approving appropriations for other departments and agencies. 
7. Transfer of appropriations shall not be allowed but the President, Senate President, Speaker of the House of Representatives, Chief Justice and heads of Constitutional Commissions may be authorized to augment any item in the general appropriations law for their respective agencies from savings in other items of their respective appropriations.
8. Prohibition against the use of public funds or property for sectarian purposes.
9. Old general appropriations act is deemed re-enacted if the Congress fails to pass a new general appropriations bill.
10. All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only.

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HOW A BILL BECOMES A LAW

How A Bill Becomes A Law

 

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LEGISLATIVE POWER

Legislative power is the lawmaking power, the framing and enactment of laws. This starts from the time the law is introduced by a lawmaker and effected through the adoption of a bill which once approved becomes a statute or a law. A statute is the written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state. (Black, 1951).

The power to make laws includes the power to alter and repeal them. Thus, only the Congress can alter and repeal laws and not in anyway the other branches of government as enunciated in the case of Gonzales vs. Hechanova (9 SCRA 230).

POWERS OF THE CONGRESS

The powers of Congress are classified as follows:

1. Legislative power in general
2. Specific legislative powers
3. Non-legislative powers
4. Implied powers
5. Inherent powers.

Legislative power in general.
Legislative power in general refers to the power to enact laws, which includes the power to alter or repeal them. Said power starts formally from the time a bill or a proposed law is introduced by a member of the House of Representatives or a Senator. Once approved  by Congress, and the President, the said bill becomes a law.

Specific legislative powers.
These are the powers expressly conferred by the Constitution. They are: power of appropriation, power taxation and power of expropriation.

Non-legislative powers.
These are the powers which are not basically legislative in nature but which are performed by Congress. Examples are power to propose amendments to the Constitution, power to impeach, power to canvass presidential elections and power to declare the existence of a state of war.

Implied powers.
These are the powers which are not expressly conferred by the Constitution but which are implied from those expressly granted. Examples are: power to punish a person in contempt during or in the course of legislative investigation and power to issue summons and notices in connection with matters subject of its investigation or inquiry.

Inherent powers
These are the powers which are inherent to the exercise of legislative powers like the power to determine the rules of its proceedings.

INCOMPATIBLE AND FORBIDDEN OFFICES

Incompatible office.
No legislator is allowed to hold office or positions in any government agency including government-owned or controlled corporations without forfeiting his seat in the Congress. Meaning, a member of the Congress is not prevented from accepting other government posts as long as he forfeits his seat as a legislator. What is not allowed is the simultaneous holding of a government office and the seat in the Congress. The purpose is to prevent owing loyalty to another branch of the government, to the detriment of the independence of the legislature and the doctrine of the separation of powers. Forfeiture of the seat is automatic. Thus for example, a congressman who was appointed as secretary of the Department of Budget and Management is deemed to have automatically forfeited his seat in the House of Representatives when he took his oath as secretary for DBM. No resolution is necessary to declare his legislative post as vacant.

Not every other office or employment is to be regarded as incompatible office. There are seats where it is permitted by the Constitution itself, eg. membership in the Electoral Tribunal and in the Judicial and Bar Council. Moreover, if it can be shown that the second office is actually an extension of the legislative position or is in aid of legislative duties, the holding thereof will not result in the loss of the legislator's seat in the Congress. Legislators who serve as treaty negotiators under the President..

Forbidden office.
No members of the Congress shall be appointed to any office in the government that has been crated or the emoluments thereof have been increased during his term. The purpose is to prevent public trafficking in public office. Some legislators who do not opt to run again in the public office might create or improve lucrative government positions and in combination with the President, arrange that they be appointed in those positions, all at the expense of public good.

The appointment however to the forbidden office is not allowed only during the term for which a certain legislator was elected, when such office was created or its emolument thereof. After such term, and even if the legislator is re-elected, the disqualification no longer applies and he may therefore be appointed to the office.