OF THE PRESIDENT
I POWERS OF THE PRESIDENT
1 POWER 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.
Chapter 2 ORDINANCE POWER
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.
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.
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.
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.
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
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.
3 POWER OVER ALIENS
Sec. 8. Power to Deport. - The President
shall have the power to deport aliens subject to the requirements
of due process.
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.
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.
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.
4 POWERS OF EMINENT DOMAIN, ESCHEAT, LAND
RESERVATION AND RECOVERY OF ILL-GOTTEN WEALTH
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.
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.
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;
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.
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.
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.
5 POWER OF APPOINTMENT
Sec. 16. Power of Appointment. -
The President shall exercise the power to appoint such officials
as provided for in the Constitution and laws.
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;
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.
In no case shall a temporary designation exceed one (1) year.
6 GENERAL SUPERVISION OVER LOCAL
Sec. 18. General Supervision Over Local Governments.
- The President shall exercise general supervision over local governments.
Chapter 7 OTHER POWERS
Sec. 19. Powers Under the Constitution. - The President
shall exercise such other powers as are provided for in the Constitution.
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.
II ORGANIZATION Chapter
8 ORGANIZATION OF THE OFFICE OF THE PRESIDENT
Sec. 21. Organization. - The Office of the President
shall consist of the Office of the President Proper and the agencies under
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;
The Executive Office refers to the Offices of the Executive
Secretary, Deputy Executive Secretaries and Assistant
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
The President Special Assistants/Advisers
System includes such special assistants or
advisers as may be needed by the President.
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.
9 FUNCTIONS OF THE DIFFERENT OFFICES IN THE
OFFICE OF THE PRESIDENT PROPER A - PRIVATE
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.
B - THE EXECUTIVE OFFICE
Sec. 25. Declaration of Policy. - The Executive
Office shall be fully responsive to the specific needs and requirements
of the President to achieve the purposes and objectives of the Office.
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.
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
(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
(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
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
(12) Provide consultative, research, fact-finding and advisory
service to the President;
(13) Assist the President in the performance of functions pertaining
(14) Assist the President in the administration of special projects;
(15) Take charge of matters pertaining to protocol in State and
(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
(18) Perform such other functions as the President may direct.
C - COMMON STAFF SUPPORT SYSTEM
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
D - PRESIDENTIAL ASSISTANT/ADVISERS SYSTEM
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.
Chapter 10 FUNCTIONS OF THE AGENCIES UNDER
THE OFFICE OF THE PRESIDENT
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.
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;
(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.