ChanRobles Virtual law Library

BOOK III OFFICE OF THE PRESIDENT Title IPOWERS OF THE PRESIDENT Chapter 1POWER OF CONTROL 

              Sec. 1. Power of Control.- The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the  laws be faithfully executed.chanrobles virtual law library

             Sec. 2. Executive Orders. - Acts of the President providing for rules of a general or permanent character in implementation or execution of              constitutional or statutory powers shall be promulgated in executive orders.chanrobles virtual law library

    Sec. 3. Administrative Orders. - Acts of the President which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders.chanrobles virtual law library

    Sec. 4. Proclamations. - Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order.chanrobles virtual law library

    Sec. 5. Memorandum Orders. - Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders.chanrobles virtual law library

    Sec. 6. Memorandum Circulars. - Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in memorandum circulars.chanrobles virtual law library

    Sec. 7. General or Special Orders.- Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders.chanrobles virtual law library
 

     Sec. 8. Power to Deport. - The President shall have the power to deport aliens subject to the requirements of due process.chanrobles virtual law library

    Sec. 9. Power to Change Non-Immigrant Status of Aliens. - The President, subject to the provisions of law, shall have the power to change the status of non-immigrants by allowing them to acquire permanent residence status without necessity of visa.chanrobles virtual law library

    Sec. 10. Power to Countermand Decisions of the Board of Commissioners of the Bureau of Immigration. - The decision of the Board of Commissioners which has jurisdiction over all deportation cases shall become final and executory after thirty (30) days from promulgation, unless within such period the President shall order the contrary.chanrobles virtual law library

    Sec. 11. Power over Aliens under the General Principles of International Law. - The President shall exercise with respect to aliens in the Philippines such powers as are recognized by the generally accepted principles of international law.chanrobles virtual law library
 

              Sec. 12. Power of Eminent Domain. - The President shall determine when it is necessary or advantageous to exercise the power of eminent  domain in behalf of the National Government, and direct the Solicitor General, whenever he deems the action advisable, to institute expropriation proceedings in the proper court.chanrobles virtual law library

   Sec. 13. Power to Direct Escheat or Reversion Proceedings. - The President shall direct the Solicitor General to institute escheat or reversion proceedings over all lands transferred or assigned to persons disqualified under the Constitution to acquire land.chanrobles virtual law library

    Sec. 14. Power to Reserve Lands of the Public and Private Domain of the Government. - (1) The President shall have the power to reserve for settlement or public use, and for specific public purposes, any of the lands of the public domain, the use of which is not otherwise directed by law. The reserved land shall thereafter remain subject to the specific public purpose indicated until otherwise provided by law or proclamation;

    (2) He shall also have the power to reserve from sale or other disposition and for specific public uses or purposes, any land belonging to the private domain of the Government, or any of the Friar Lands, the use of which is not otherwise directed by law, and thereafter such land shall be used for the purposes specified by such proclamation until otherwise provided by law.chanrobles virtual law library

    Sec. 15. Power over Ill-gotten Wealth. - The President shall direct the Solicitor General to institute proceedings to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees.chanrobles virtual law library

    Within the period fixed in, or any extension thereof authorized by, the Constitution, the President shall have the authority to recover ill-gotten properties amassed by the leaders and supporters of the previous regime and protect the interest of the people through orders of sequestration or freezing of assets or accounts.chanrobles virtual law library
 

    Sec. 16. Power of Appointment. - The President shall exercise the power to appoint such officials as provided for in the Constitution and laws.chanrobles virtual law library

   Sec. 17. Power to Issue Temporary Designation. - (1) The President may temporarily designate an officer already in the government service or any other competent person to perform the functions of an office in the executive branch, appointment to which is vested in him by law, when: (a) the officer regularly appointed to the office is unable to perform his duties by reason of illness, absence or any other cause; or (b) there exists a vacancy;

    (2) The person designated shall receive the compensation attached to the position, unless he is already in the government service in which case he shall receive only such additional compensation as, with his existing salary, shall not exceed the salary authorized by law for the position filled. The compensation hereby authorized shall be paid out of the funds appropriated for the office or agency concerned.chanrobles virtual law library

    (3) In no case shall a temporary designation exceed one (1) year.chanrobles virtual law library
 

      Sec. 18. General Supervision Over Local Governments. - The President shall exercise general supervision over local governments.chanrobles virtual law library

    Sec. 19. Powers Under the Constitution. - The President shall exercise such other powers as are provided for in the Constitution.chanrobles virtual law library

    Sec. 20. Residual Powers. - Unless Congress provides otherwise, the President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated above, or which are not delegated by the President in accordance with law.chanrobles virtual law library
 

    Sec. 21. Organization. - The Office of the President shall consist of the Office of the President Proper and the agencies under it.chanrobles virtual law library

    Sec. 22. Office for the President Proper. - (1) The Office of the President Proper shall consist of the Private Office, the Executive Office, the Common Staff Support System, and the Presidential Special Assistants/Advisers System;

(2) The Executive Office refers to the Offices of the Executive Secretary, Deputy Executive Secretaries and Assistant Executive Secretaries;

(3) The Common Staff Support System embraces the offices or units under the general categories of development and management, general government administration and internal administration; and


(4) The President Special Assistants/Advisers System includes such special assistants or advisers as may be needed by the President.chanrobles virtual law library

    Sec. 23. The Agencies under the Office of the President. - The agencies under the Office of the President refer to those offices placed under the chairmanship of the President, those under the supervision and control of the President, those under the administrative supervision of the Office of the President, those attached to it for policy and program coordination, and those that are not placed by law or order creating them under any specific department.chanrobles virtual law library

    Sec. 24. Functions of the Private Office. - The Private Office shall provide direct services to the President and shall for this purpose attend  to functions and matters that are personal or which pertain to the First Family.chanrobles virtual law library

    Sec. 25. Declaration of Policy. - The Executive Office shall be fully responsive to the specific needs and requirements of the President to chieve the purposes and objectives of the Office.chanrobles virtual law library

    Sec. 26. The Executive Secretary, the Deputy Executive Secretaries, and the Assistant Executive Secretaries. - The Executive Office shall be headed by the Executive Secretary who shall be assisted by one (1) or more Deputy Executive Secretaries and one (1) or more Assistant Executive Secretaries.chanrobles virtual law library

    Sec. 27. Functions of the Executive Secretary. - The Executive Secretary shall, subject to the control and supervision of the President, carry out the functions assigned by law to the Executive Office and shall perform such other duties as may be delegated to him. He shall:
 

(1) Directly assist the President in the management of the affairs pertaining to the Government of the Republic of the Philippines;

(2) Implement presidential directives, orders and decisions;

(3) Decide, for and in behalf of the President, matters not requiring personal presidential attention;

(4) Exercise supervision and control over the various units in the Office of the President Proper including their internal administrative requirements;

(5) Exercise supervision, in behalf of the President, over the various agencies under the Office of the President;

(6) Appoint officials and employees of the Office of the President whose appointments are not vested in the President;

(7) Provide overall coordination in the operation of the Executive Office;

(8) Determine and assign matters to the appropriate units in the Office of the President;

(9) Have administrative responsibility for matters in the Office of the President coming from the various departments and agencies of government;

(10) Exercise primary authority to sign papers "By authority of the President", attest executive orders and other presidential issuances unless attestation is specifically delegated to other officials by him or by the President;

(11) Determine, with the President's approval, the appropriate assignment of offices and agencies not placed by law under any specific executive department;

(12) Provide consultative, research, fact-finding and advisory service to the President;

(13) Assist the President in the performance of functions pertaining to legislation;

(14) Assist the President in the administration of special projects;

(15) Take charge of matters pertaining to protocol in State and ceremonial functions;

(16) Provide secretarial and clerical services for the President, the Cabinet, the Council of State, and other advisory bodies to the President

(17) Promulgate such rules and regulations necessary to carry out the objectives, policies and functions of the Office of the President Proper;

(18) Perform such other functions as the President may direct.chanrobles virtual law library

     Sec. 28. Functions of the Common Staff Support System. - The various staff units in the Office of the President Proper shall form a common  staff support system and shall be organized along the various tasks of the Office namely:

(1) The Cabinet Secretariat which shall assist the President in the establishment of agenda topics for the Cabinet deliberation, or facilitate the discussion of cabinet meetings. It shall have such organization, powers and functions as are prescribed by law;

(2) The Presidential Management Staff (PMS) which shall be the primary government agency directly responsible to the Office of the President for providing staff assistance in the Presidential exercise of overall management of the development process. It shall have such organization, powers and functions as are prescribed by law;

(3) General Government Administration Staff which shall provide the President with staff support on matters concerning general government administration relative to the operations of the national government including the provision of legal services, administrative services, staff work on political and legislative matters, information and assistance to the general public, measures toward resolution of complaints against public officials and employees brought to the attention of the Office of the President and such other matters as the President may assign;

(4) Internal Administrative Staff which shall render auxiliary and support services for the internal administration of the Office of the President.chanrobles virtual law library

    Sec. 29. Functions of Presidential Assistants/Advisers Systems. - The Special Assistants/Advisers System shall provide advisory or consultative   services to the President in such fields and under such conditions as the President may determine.chanrobles virtual law library

              Sec. 30. Function of Agencies Under the Office of the President. - Agencies under the Office of the President shall continue to operate and function in accordance with their respective charters or laws creating them, except as otherwise provided in this Code or by law.

   Sec. 31. Continuing Authority of the President to Reorganize his Office. - The President, subject to the policy in the Executive Office and in order to achieve simplicity, economy and efficiency, shall have continuing authority to reorganize the administrative structure of the Office of the President. For this purpose, he may take any of the following actions:

(1) Restructure the internal organization of the Office of the President Proper, including the immediate Offices, the Presidential Special Assistants/Advisers System and the Common staff Support System, by abolishing, consolidating or merging units thereof or transferring functions from one unit to another;chanroblesvirtualawlibrary

(2) Transfer any function under the Office of the President to any other Department or Agency as well as transfer functions to the Office of the President from other Departments and Agencies; and
 
(3) Transfer any agency under the Office of the President to any other department or agency as well as transfer agencies to the Office of the President from other departments or agencies.chanrobles virtual law library