Article VII: The Executive Department

Constitutional function of the Vice President: a. succeed in the permanent vacancy of the Presidents

Section 1

office b. may also be appointed as a Member of the Cabinet (no consent needed from the Commission on Appointments)

Executive power vested in the President of the Philippines Section 4 President - Executive of the Government - Head of State - Chief Executive Term of President and Vice President: 6 years (start: noon of June 30) Election: Every 2nd Monday of May unless otherwise provided by law How are they elected? By direct vote of the people. NOTE: In the case of Marcos vs. Manglapus (G.R. No. 88211), the court held that the powers of the President are not limited to what are expressly granted in the Constitution. President not eligible for any reelection President by succession not eligible to run for the next term if Section 2 he or she has served for more than four years

Qualifications of a President a. Natural born Filipino b. Registered voter c. Able to read and write d. At least forty years of age on the day of election e. Resident of the Philippines for at least 10 years

Vice President can serve up to two consecutive terms only

Congress of the Philippines - responsible for the canvassing of votes and proclamation of the presidential and vice-presidential winners - given the authority to examine the certificates of canvass for authenticity and due execution

Section 3

Supreme Court - sole judge for the contest relating to election, returns and

Qualifications of Vice President - same with the President (see Section 2)

qualifications of the President or Vice-President (Recall discussion on Electoral Tribunal)

The Vice President may be removed from office in the same manner as the President.

Presidential Election Protest Rule 14: Only the 2nd and 3rd placer can file the election protest; Done by filing a verified petition with the Clerk of

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Notes taken from The 1987 Constitution of the Republic of the Philippines: A Commentary by Joaquin G. Bernas, S.J. (2009 ed)

Presidential Electoral Tribunal within thirty days from the date of proclamation

- President have not been chosen The VP-elect shall act as a President until a new President shall have been chosen and elected

Section 5

- President-elect shall have died or become permanently disabled, the VP-elect shall become the President - No President or Vice President The Senate President (or in his

Oath of the President, Vice President or Acting President

absence, the Speaker of the House of Representatives) shall act as a President until a new President or VP shall have been chosen and qualified

I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the nation. So help me God.

- Officials mentioned above shall have died or become permanently disabled, the Congress will decide by law who will act as President until a Pres. or VP shall have been elected and qualified

Section 8 Section 6 Vacancy situations The President shall have an official residence (Generally: Malacaang Palace). a. the incumbent President dies, and is permanently disabled, removed or resigns b. both the President and Vice-President die, or are permanently disabled, are removed or resign Salary of the President and Vice-President - shall be determined by law - cannot be decreased during the tenure - increase shall take effect after the expiration of the term of the Pres. or VP What happens when there are vacancy situations? a. the VP becomes the President b. the Senate President or the Speaker of the House of Representatives shall act as President until a new President is elected c. Congress will determine by law who will act as President until a new President is elected c. acting President dies, or is permanently incapacitated, is removed or resigns

Section 7

President-elect and Vice-President-elect shall assume office at the beginning of their terms

Section 9 Instances: - President-elect fails to qualify The VP-elect shall act as a President until a new President shall have been chosen and elected Vacancy in the Office of Vice-President (How to fill?) a. The President shall nominate a VP among the members of the Congress

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Notes taken from The 1987 Constitution of the Republic of the Philippines: A Commentary by Joaquin G. Bernas, S.J. (2009 ed)

b. The nominee shall assume office upon confirmation by majority vote of all the members of both houses (voting separately)

c. participate in by business or financially interested in any contact with, or in any franchise, or special privilege granted by the Government

Section 10

The officials mentioned above shall avoid conflict of interest in the conduct of their office.

What Congress must do when there is a vacancy in the offices of the President and VP a. Shall convene at 10AM of the 3rd day after the vacancy in the offices b. Shall enact a law calling for a special election to elect Pres. and VP (within seven days; to be held not earlier than 45 days nor later than 60 days) The Acting President has the power to make appointments. No special election shall be called if the vacancy occurs within 18 months before the next Presidential election. Note: His appointments can be revoked within 90 days from the assumption or re-assumption of office of the newly elected President. Note: The President shall enjoy immunity from suit during his or her tenure (both from criminal and civil cases).

Section 14

Section 11

Section 15

President is unable to discharge the functions of his office. (Read the complete provision.)

The President or acting President cannot make appointments two months immediately before the next Presidential election up to the end of his term. (Midnight appointments are not allowed.)

Section 12

When the President suffers an illness which incapacitates him and is a matter of national concern, the public must be informed.

Section 16

The consent of the Commission on Appointments must be sought for the following Presidential appointments (exclusive list): a. Heads of Executive Departments, Ambassadors, Other Public Ministers and Consuls

Section 13

Prohibitions on the President, the Vice-President, the Members of the cabinet and their Deputies or Assistants a. hold any other office or employment during their term b. directly or indirectly practice any other profession

b. Officers of the Armed Forces (from the rank of coronel or naval captain) c. Other Officers whose appointments are vested in Him in this Constitution

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Notes taken from The 1987 Constitution of the Republic of the Philippines: A Commentary by Joaquin G. Bernas, S.J. (2009 ed)

The President also appoints (provided in the 1987 Constitution): a. Members of the Supreme Court b. Judges of the Lower Court c. Regular members of the Judicial and Bar Council d. Chairmen and Members of the Constitutional Commissions e. Ombudsman and his Deputies

Section 18

President as the Commander-in-Chief of the Armed Forces of the Philippines - holds supreme military authority - ceremonial, legal and administrative head of the AFP

Ad-interim appointments - made by the President during the recess of the Congress - permanent appointment - effective immediately (without need for confirmation by the Commission on Appointments) - shall be effective until disapproved by the Commission on Appointments or until the next adjournment of the Congress

Military powers of the President

1. may call the AFP to prevent or suppress lawless violence, invasion or rebellion 2. may suspend the writ of habeas corpus in case of invasion or rebellion (must not exceed 60 days) 3. may place the Philippines or any part of the country under martial law

Section 17

Martial law - essentially a police power

Power of control - the power of an officer to alter, modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter - includes the power of supervision

- authorizes the military to act vigorously for the maintenance of an orderly civil government - depends on two actual bases a. existence of actual invasion or rebellion b. requirements of public safety

Note: The power to remove is inherent in the power to appoint

Section 19

Power of supervision - power of a superior officer to ensure that the laws are faithfully executed by inferiors - does not include the power of control

The President may grant executive clemency. Purpose: To correct the imperfect institution and infirmities in the administration of justice

Forms of executive clemency a. reprieves postpones the execution of an offense to a day certain

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Notes taken from The 1987 Constitution of the Republic of the Philippines: A Commentary by Joaquin G. Bernas, S.J. (2009 ed)

b. commutations remission of a -part of the punishment; substitution of a less penalty for the one originally imposed c. pardons an act of grace (absolute and conditional); removes all penalties and legal disabilities d. remission of fines and forfeitures e. amnesty general pardon to rebels for their treason and other high political offenses

Distinctions:

Pardon - granted by the Chief Executive - must be pleaded and proved by the person pardoned - granted after conviction

Amnesty - proclamation of the Chief Executive with the concurrence of the Congress - granted to classes of persons or communities who may be guilty og political offenses before the insitution of the criminal prosecution (sometimes: after conviction)

Note: Reprieves, commutations, pardons and remission of fines and forfeitures cannot be given before conviction. Reason: To prevent the President from pre-empting the action of the judge.

Constitutional Limits on Executive Clemency: 1. cannot be exercised over cases of impeachment 2. grant of amnesty must be with the concurrence of the majority of all the members of Congress 3. Article 9, Section 5

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Notes taken from The 1987 Constitution of the Republic of the Philippines: A Commentary by Joaquin G. Bernas, S.J. (2009 ed)