On May 22, 2025, at least 33 members of the President’s Cabinet or also known as the executive department secretaries tendered their resignation while the others are still listed as pending after President Bongbong Marcos requested for their courtesy resignation. According to the president, its aim is to recalibrate his administration and to realign the government with people’s expectations. In addition, he declared that he will individually assess and evaluate the performance of his Cabinet and will retain those who have delivered and carried out their duty in line with their mandate.
In this week’s column, we will discuss why the President has the power to order and command the members of his Cabinet to tender their resignation.
At the outset, Section 16, Article VII of the 1987 Philippine Constitution state: Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the head of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided by law, and those whom he may be authorized by law to appoint. xxx
As enshrined in the above-quoted provision, members of the Cabinet or the head of the executive departments are being chosen thru the President’s nomination and confirmation of the Commission on Appointments. The members of his cabinet are deemed as the alter egos of the President. Under the doctrine of qualified political agency, Cabinet members have the president’s imprimatur to exercise control over of the offices and departments under their respective jurisdictions, which authority nonetheless remains subject to the president’s disapproval or reversal.[1]
It is axiomatic that, in the absence of a contrary law, the power to appoint carries with it the power to remove or to discipline.[2] Full discretion is, therefore, given to the President to remove his appointees. The principle finds basis in the constitutional grant of power upon the President to appoint such officials as provided in the constitution.
With regard to the Cabinet members, their tenure is totally dependent on the trust repose upon them. The President may remove and replace a member of his Cabinet at will or at his pleasure. Such removal need not to have a cause nor an explanation at all. With this, President Marcos can indeed replace, remove or retain the members of his Cabinet depending on his own discretion alone.
Worthy to note, however, that not all appointees by the President may be remove by the latter at will. The most notable officials whose appointment is lodged by the Constitution to President but is not subject of his power to remove are (1) Justices of the Supreme Court; and (2) Members of the Constitutional Commission.
The power to appoint the aforesaid officials are enshrined under:
Article VIII, Section 9. The members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.
Art IX (B. Civil Service Commission) Sec 1 (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. xxx.
Art IX (C. Commission on Elections) Sec 1 (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. xxx.
Art IX (D. Commission on Audit) Sec 1 (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. xxx.
The 1987 Philippine Constitution explicitly provided for the term of their office, thus, these abovementioned officials cannot be removed by the President at will or at his pleasure.
[1] G.R. No. 212022, August 20, 2019
[2] G.R. No. 127631, December 17, 1999