By: Atty. Gregorio B. Austral, CPA
Presidential Discretion: The Legal Power
Behind Marcos Jr.’s Cabinet Shake-Up
In Philippine law, cabinet secretaries occupy a unique position. Unlike career civil servants, they do not have fixed terms or security of tenure. Instead, the Administrative Code of 1987 explicitly states that they serve “at the pleasure of the President,” meaning their appointment and continued service rest solely on presidential confidence. The Supreme Court has reinforced this principle, holding that secretaries are part of the non-career service and can be dismissed at any time without cause, as long as it is the President’s decision (Civil Service Commission v. Javier, G.R. No. 173264 (2008)).
President Ferdinand R. Marcos Jr. put this doctrine to the test with a sweeping cabinet reshuffle in May 2025. Following a lackluster midterm election performance by administration allies, he ordered all cabinet secretaries to submit courtesy resignations, signaling that complacency would not be tolerated. The move, as described by Executive Secretary Lucas P. Bersamin, reflected the President’s authority to demand alignment from his top officials. Legally speaking, this was well within his prerogative—no secretary has a right to stay in office against the President’s will.
Several key officials were replaced in the restructuring, including Solicitor General Menardo Guevarra, who Darlene Marie Berberabe succeeded. Other notable changes included Jose Ramon Aliling’s appointment as Human Settlements Secretary, Shirley Agrupis as Chairperson of the Commission on Higher Education, and Theresa Lazaro’s promotion to Foreign Affairs Secretary. Some officials were reassigned rather than dismissed, highlighting the broad flexibility the President enjoys when reshaping his administration.
Despite the turnover, continuity remained in strategic areas. The President retained figures such as Finance Secretary Ralph Recto and Defense Secretary Gilberto Teodoro, ensuring stability in economic and national security matters. This blend of removals, new appointments, and retentions demonstrates a calculated approach to governance—the President must maintain control while also addressing political realities. Unlike officials protected by tenure laws, cabinet secretaries must navigate the ever-shifting landscape of presidential confidence.
Ultimately, this reshuffle underscores the fundamental nature of executive power in Philippine governance. The “serving at the pleasure” principle isn’t just a formality—it’s a tool that allows the President to swiftly adapt to political challenges and public expectations. Whether for strategic recalibration or political survival, the ability to hire and fire top officials remains one of the President’s most significant powers.