Why we should be obsessed with Congress more than the Presidency?

Filipinos are obsessed when it comes to Presidential elections. Normally, people vote for senators and members of the House of Representatives depending on the suggestion of their Presidential bet. This should not be the case; it should be the other way around. People should be more obsessed with screening and choosing their senatorial candidates and candidates for the House of Representatives.

 

Of course, this is not to say that the Executive Branch is less significant or less important than the Legislative Branch or vice versa. Under the principle of separation of powers, the constitutionally-created branches, commissions and offices of the Government are co-equal branches and the Government performs various functions through checks and balances. In short, the President himself/herself is a branch co-equal and co-powerful.

 

The President has powers which cannot be exercised by other branches, commissions and offices created by the Constitution. These powers are granted by no less than the Constitution itself. Law can also confer powers upon the President who likewise enjoys certain residual powers. (Marcos v. Manglapus)

 

CONSTITUTIONAL POWERS

 

Under Article VII of the 1987 Constitution, executive power is vested upon the President of the Philippines. He is the head of state, and he functions as the Commander-in-Chief of the Armed Forces of the Philippines (AFP); hence, he naturally has calling-out power. As Chief Executive, the President exercises control over all the executive departments, bureaus, and offices. He also has power of supervision over local government units (LGUs). He has the power to veto a bill and the power to declare martial law. Moreover, he has the power to choose who sits in the Supreme Court whenever there is vacancy.

 

The most important power of the President is to implement the law.

 

EXAMPLES OF POWERS PROVIDED BY LAW

 

For example, in Executive Order No. 292, s. 1987, otherwise known as the Administrative Code of 1987 the President has ordinance power, power over aliens (specifically including the power to deport undesirable aliens), power of escheat, and, among others, power of appointment.

 

RESIDUAL POWERS

Under the same Executive Order, President exercises such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated therein, or which are not delegated by the President in accordance with law. This is called residual powers.

 

According to the Supreme Court in Marcos v. Manglapus, the power involved is the President's residual power to protect the general welfare of the people. It is founded on the duty of the President, as steward of the people. To paraphrase Theodore Roosevelt, it is not only the power of the President but also his duty to do anything not forbidden by the Constitution or the laws that the needs of the nation demand. It is a power borne by the President's duty to preserve and defend the Constitution. It also may be viewed as a power implicit in the President's duty to take care that the laws are faithfully executed.[xxx]

 

Having discussed the importance of the Office of the President and its powers, the discussion now will proceed with a closer look into why people must be careful in electing members of Congress.

 

Congress is responsible for making laws to make sure the spirit of the Constitution is upheld in the country and, at times, amend or change the Constitution itself. The process of legislation, to begin with, has not been merely confined to the enactment of laws or the passage of legislative proposals or resolutions. Though the latter is considered as its primary function, Congress has likewise performed other equally important functions, such as those flowing from its investigative and oversight powers. Furthermore, the Constitution gives Congress the power to impeach. Article XI of the 1987 Constitution states that the President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. The House of Representatives has the exclusive power to initiate all cases of impeachment and the Senate has the sole power to try and decide all cases of impeachment. 

 

Although the President has the power to implement the law, the Congress

 

Anent thereto, it is reasonable to say that Filipinos should be more engaged in screening and deciding their Senatorial bet because the laws that we abide depends on what they create. The leaders that we vote may be impeached through them. They decide where to allocate our taxes.