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SANDOVAL, Aaron B.

POLIGOV

EXECUTIVE DEPARTMENT
President and Vice-President
Qualifications

Natural-born citizens of the Philippines


At least 40 years of age on the day of the election
Able to read and write
Registered voter
Resident of the Philippines at least 10 years immediately preceding the day
of the election

Term of Office

6 years commencing at noon on the 30th day of June next following their
election

Term of Office

6 years commencing at noon on the 30th day of June next following their
election without re-election or president and in the case of the vice-president,
the latter cannot serve for more than 2 consecutive terms

Privileges

Presidential Immunity - immunity from suit during incumbency and can only
be invoked by the holder of the office and not by any other person in behalf
of the president. After his tenure, the president cannot invoke immunity from
suit for civil damages arising out of acts done by him while he was the
president which were not performed in the exercise of official duties
Executive privilege - the right of the president and high-level executive
branch officials to withhold information from Congress, the courts and
ultimately the public. The necessity to withhold information must be of such
high degree as to outweigh the public interest

Prohibition

No increase in their salaries during the term of incumbent tenure


They hall not receive any other emoluments from the government or any
other source
They shall not hold any other office or employment during their tenure unless
otherwise provided in the Constitution

They shall not directly or indirectly practice any other profession


They shall not directly or indirectly be interested financially in any contract
with, or in any franchise or special privilege by the government, or any
subdivision, agency, or instrumentality thereof, including any GOCC, or its
subsidiary during their term of office
They shall strictly avoid conflict of interest in the conduct of their office
The president may not appoint his spouse or relatives by consanguinity or
affinity within the 4th civil degree as members of constitutional commissions,
the office of the ombudsman or as secretaries, undersecretaries, chairmen or
heads of bureaus or offices including GOCCs and their subsidiaries

Powers/Functions

Power of appointment - kinds of presidential appointments: (a) Appointments


made by acting president, (b) Midnight appointment - this type of
appointment is prohibited by the constitution, (c) Appointments for partisan
political consideration, (d) Regular presidential appointments including ad
interim appointments.
Power of Removal/Disciplinary power - from the express power of
appointment, the president derives the implied power of removal.
Power of Control and power in supervision - in power of control an officer as
the power to alter, modify, nullify or set aside a subordinate has done in the
performance of his duties and to substitute the judgment of the latter to that
of the former. Power of supervision is merely the authority of an officer to see
that be subordinate performs their duties and in case of failure the officer
may takes such as action as prescribed by law. The power of supervision does
not include of the power of control, but the power control necessarily includes
the power of supervision.
Military Powers - (a) to call out the Armed Forces to prevent or lawless
violence, invasion or rebellion (b) suspension of the privilege of writ of habeas
corpus (c) declaration of martial law but subject to limitation prescribed by
the constitution.
Pardoning Power/ Power of pardoning clemency - forms: reprieves,
commutations, pardons, remission of fines and forfeitures, amnesty.
Borrowing Power - the president my contract or guarantee foreign loans on
behalf of the republic with the concurrence of the monetary board subject to
limitations by law.
Diplomatic Power - in cases of treaty or international agreement, they shall
not be valid and defective unless concurred by at least 2/3 of the members of
senate.
Other foreign affairs power - (a) the power to make treaties (b) the power to
appoints ambassadors and consul.

Budgetary Power - to determine the needs of government and propose the


corresponding appropriations on the basis of existing or expected sources of
revenue.
Informing Power - the president shall address the congress at the opening of
its regular session. He may also appear before it any other time.
Residual Power
Power to call congress to special session
Power to veto or approve bills
Power to discipline deputies
Emergency and tariff Power

Definitions of words and term

Executive power - the power to administer the laws, which means carrying
them into practical operation and enforcing their due observance.
Term of office - period, duration or length of time during which an officer may
claim to hold the office as of right, and fixes the interval after which the
several incumbents shall succeed one another
Tenure of office (actual incumbency) - the period during which the incumbent
actually holds the office. The tenure may be shorter than the term for reasons
within or beyond the power of the incumbent. The President may be removed
from office by Congress by means of impeachment
Right to hold office - the just and legal claim to enjoy the powers and
responsibilities of the office
Office - an institutional unit of government
Oath - outward pledge made under an immediate sense of responsibility to
God. If the President, Vice-President or Acting President does not believe in
God, he makes an affirmation
Appointment - act of designation by the executive officer, board, or body to
whom the power has been delegated, of the individual who is to exercise the
functions of a given office
Regular appointments - those appointments made during the sessions of
Congress
Ad interim appointments - those appointments made during a recess of
Congress
Permanent appointments - one issued to a person who meets all the
requirements for the position to which he is appointed and it lasts until it is
lawfully terminated. The holder thereof cannot be removed except for cause
Temporary or Acting appointments - issued to a person who meets all the
requirements for the position to which he is being appointed except the
appropriate civil service eligibility; it shall not exceed 12 months, but the
appointee may be replaced sooner if a qualified civil service eligible becomes

available. The holder of such appointment may be removed any time even
without a hearing or cause
Designation - mere imposition of new or additional duties upon an officer
already in the government service (or any other competent person) to
temporarily perform the functions of an office in the executive branch when
the officer regularly appointed to the office is unable to perform his duties or
there exists a vacancy
Removal - ouster of the incumbent before the expiration of his term