EXECUTIVE ORDER NO. 5

Law Summary

Introduction

Executive Order No. 5 was issued by President Manuel Roxas on July 12, 1946, establishing a Council of State tasked with advising the President on public policy matters.

Creation of the Council of State

Legal Principle: The Council of State is created under the authority vested in the President by law to assist with public policy advice.
Composition:
- The Council shall include:
  - Vice President of the Philippines
  - President of the Senate
  - Speaker of the House of Representatives
  - Heads of the Executive Departments
  - Chief of the Executive Office
  - Commissioner of the Budget
  - President Pro-Tempore of the Senate
  - Floor Leader of the Senate
  - Floor Leader of the House of Representatives
  - Additional members appointed by the President over time.
Key Definitions:
- “Council of State”: An advisory body to the President, comprised of key government officials.

Advisory Role

Legal Principle: The Council’s primary function is to provide counsel to the President on public policy issues as presented to them.
Important Requirements:
- The President can present matters for advice at his discretion.
Consequences: No penalties or liabilities are specified regarding the actions of the Council.

Operational Authority

Presidential Authority: The President retains the power to modify the composition of the Council or its functions.
Timeframes: The document does not specify any time limits or expiration for the establishment of the Council.

Conclusion

Execution: The order was formally executed in Manila on the specified date.
Signatories:
- Signed by Manuel Roxas, President of the Philippines.
- Co-signed by Emilio Abello, Chief of the Executive Office.

Key Takeaways

The Executive Order establishes a Council of State as an advisory body to the President of the Philippines.
The Council comprises various high-ranking officials and can include additional appointed members.
Its primary role is to provide counsel on public policy matters as directed by the President.
There are no specified penalties or timeframes related to the Council’s operations, indicating ongoing authority until altered by the President.