Law Summary

Introduction

Executive Order No. 110 was issued on December 20, 1967, in anticipation of the President of the Philippines leaving for an official visit to Australia. This order outlines the procedures and responsibilities for the conduct of public affairs during his absence.

Presidential Authority

• Legal Principle: The President retains all functions of his office while abroad, as mandated by the Constitution and relevant laws.
• Key Definitions:
  • Functions of Office: Any duties, responsibilities, or powers conferred to the President by the Constitution or law.

Vice-Presidential Responsibilities

• Legal Principle: The Vice-President assumes a supervisory role over executive affairs during the President's absence.
• Key Responsibilities:
  • General supervision of executive departments (excluding administrative functions).
  • Presiding over Cabinet meetings and representing the President at social functions.
  • Conducting official ceremonies and receiving foreign dignitaries on behalf of the President.
  • Meeting visitors in the President's Study Room if desired.
• Entitlements: The Vice-President is entitled to honors and courtesies due to the President.

Executive Secretary's Role

• Legal Principle: The Executive Secretary oversees administrative functions in executive departments.
• Key Responsibilities:
  • Signing documents typically signed by the President.
  • Deciding on routine matters.
• Approval Procedures:
  • Urgent matters requiring presidential approval must be communicated via radio through the Executive Secretary.

Department Secretary Duties

• Legal Principle: Each Department Secretary is responsible for matters within their jurisdiction.
• Key Procedures:
  • Decisions concerning departmental matters are to be made independently by the Secretary.
  • Important matters affecting government policy must be consulted with the President through the Executive Secretary.
  • In the absence of a Secretary, the designated Undersecretary may act on their behalf.

Important Matters and Urgency

• Legal Principle: Certain actions require the President’s input and are subject to delay until his return, unless urgent.
• Categories of Matters:
  • New policies, economic development guidelines, loans, and disposal of government properties must be held until the President returns unless deemed urgent.
• Communication: All official communications to the President must go through the Executive Secretary.

Communication Protocols

• Legal Principle: Established channels for communicating with the President during his absence.
• Requirements:
  • All official communications, whether by letter or radio, should be transmitted via the Executive Secretary.

Conclusion

This Executive Order delineates the operational protocols and responsibilities assigned to the Vice-President, Executive Secretary, and Department Secretaries during the President's absence. It ensures continuity in governance while establishing clear communication lines.

Key Takeaways

• The President's authority remains intact abroad.
• The Vice-President supervises executive affairs and represents the President.
• The Executive Secretary manages administrative functions and routine matters.
• Department Secretaries handle their departmental issues but must consult on significant matters.
• Official communications must be routed through the Executive Secretary, maintaining a structured approach to governance during the President's absence.