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Government / The National Executive

The Philippine government is divided into three branches: executive, legislative and judiciary. The executive branch administers and enforces the law while the legislature enacts law subject to written constitutional limitations. The judiciary interprets the enacted laws and determines their validity as well as the legality of private and official acts. These three branches are fundamentaly co-equal, co-important, and co-ordinate, but within the confines of its spheres, each branch is supreme. (Much like the US and many Latin American countries) Although they are inter-dependent in such a way that one is unable to perform its functions fully and adequately without the other, they are nevertheless in many cases independent of each other. No branch has the power nor authority to inquire into the acts performed within the due discretion of the other branch. But each branch is not absolutely separated from each other as each is given certain powers by which it may definitely restrain the other from exceeding the constitutional authority, forming the system of checks and balances.

Executive Branch

The executive branch is headed by the president who is the head of state, the chief executive, and the commander-in-chief of the Armed Forces of the Philippines. The President is elected by the direct vote of the people in a general election. (unlike the US where the voters for cast their ballots for electors in the electral college who then elect the president)

To be a presidential candidate, one must be a natural born Filipino citizen, a regular voter who can read and write, 40 years of age and a resident of the Philippines for at least 10 years immediately preceeding such election. There is a Vice-President who assists him in the execution of his duty, possesing the same qualifications. Their term of office is 6 years which begins at noon June 30th following the election. The president is no longer qualified for re-election and the Vice President is limited to three terms.

However, despite the appearance of being disqualified for re-election, incumbent President Corazon Aquino is rumored to be a candidate running for the 1992 Presidential election. It is because her present term of office was acquired prior to the effective date of the 1986 Constitution and not by general election. Her term is governed by the transitory provision of the l986 Constitution which provides that the first regular election for the President and Vice President shall be held on the 2nd Monday of May, l992.

As head of state, the President opens the regular session of the Congress in the State of the Nation Address and prepares the national budget. He has the power to enter into a treaty or international agreement upon concurrence of at least 2/3 of all the members of the Senate. He may also contract or guarantee foreign loans with the prior concurrence of the monetary board. As Chief Executive, the President has control of all departments, bureaus and offices, ensuring that laws are faithfully executed. Despite this, his appointing powers are not absolute. The President nominates all the secretaries of Departments, ambassadors and other public ministers, consuls and officers of the Armed Forces of the Philippines from the rank of colonel or naval captain. These appointments are subject to confirmation by the Commission on Appointments. During the recess of Congress, the President may appoint acting officials. The Commission on Appointments is composed of the president of the Senate and 12 Senators and 12 members of the House of Representatives. The President has the power to grant reprieves, pardons, commute sentences and remit fines.

As Commander in Chief of the Armed Forces, he is empowered to suspend the privelege of the writ of habeas corpus or proclaim martial law in case of invasion or rebellion or when public safety requires it for a period not exceeding 60 days. Report of such suspension or imposition must be submitted to the Congress within 48 hours, subject to the approval or revocation of the Congress by a vote of the majority of all its members in a regular or special session.

The President can only be removed from office by impeachment for reasons of culpable violation of the Constitution, treason, bribery, graft or corruption.

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