Why President Marcos can demand Cabinet resignations, explained

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MANILA, Philippines — President Ferdinand Marcos Jr. has requested the resignation of his entire Cabinet, a move announced on May 22, aimed at "realign[ing] government with the people’s expectations." 

While most executive department secretaries have already submitted their courtesy resignation letters, the president retains the discretion to either accept or reject them.

Constitutional basis. The 1987 Constitution gives the president the power to appoint executive department heads. 

"Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads 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 for by law, and those whom he may be authorized by law to appoint.

"The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards."

During an appointment, the president nominates an individual to head a specific agency. This nomination must be confirmed by the Commission on Appointments.

As head of the executive branch, the president exercises both control and supervision over executive departments.

Power of control. The president's "power of control" enables them to modify or change actions taken by executive officials who work under them.

In a message to Philstar.com, Solicitor General Menardo Guevarra explained that the president’s powers include the "power of control," which covers the appointment and removal of Cabinet secretaries, who serve as the president’s alter egos.

“The president needs all the leeway to move the country forward, including shuffling his cabinet lieutenants. like everyone else,” he added.

This means the president can remove a Cabinet secretary whom he appointed. 

Other appointments. The Constitution also allows the president to appoint other government officials, such as members of the constitutional commissions (e.g., the Commission on Elections and the Commission on Audit) and members of the judiciary.

However, unlike Cabinet secretaries, they can only be removed through an impeachment. 

Article XI, Section 2. 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. All other public officers and employees may be removed from office as provided by law, but not by impeachment.