Article VII

Executive Department
Executive Power

 Has been defined as the power to administer the laws, which means
carrying them into practical operation and enforcing their due
observance.
Section 1

The executive power shall be vested in the President of the Philippines.

Section 2

Qualifications of the President and Vice-President.

(1) He is a natural-born citizen of the Philippines;
(2) He is a registered voter;
(3)He is able to read and write;
(4)He is at least 40 years of age on the day of election; and
(5)He is a resident of the Philippines for at least 10 years immediately
preceding such election.
Section 3

There shall be a Vice-President who shall have the same

qualifications and term of office and be elected with and in the same
manner as the President.

The Vice-President may be appointed as a member of the Cabinet.

Such appointment requires no confirmation.
Section 4

Term of office of President and Vice-President.

The President and Vice-President enjoy security of tenure. Their term of
office is six (6) years “which shall begin at noon on the 30th day of June
following the day of the election and shall end at noon of the same date six
(6) years thereafter.”

The President -elect and Vice-President –elect shall assume their office at
the beginning of their terms.
Term of office distinguished from tenure of
office; right to hold office; and office.

(1) Term of office

(2) Tenure of office
(3) Right to hold office
(4) Office
Canvassing of return and
proclamation.
(1) Returns transmitted to Congress.
(2) Plurality rule sanctioned.
(3) Candidate to be proclaimed.
Section 5

Before they enter on the execution of their office, the President, the
Vive-President, or the Acting President shall take the following oath or
affirmation:
“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.”
Oath or affirmation of the President,
Vice-President, or Acting President.
Oath
- Is an outward pledge made under an immediate sense of responsibility to
God.
Section 6

Official residence and compensation of the President and Vice-

President.
(1) The official residence of the President shall be determined by law.
(2) The annual compensation of the President and Vice-President shall be
provided by law.
Section 7

The President –elect and Vice-President –elect shall assume office

at the beginning of their terms.

If the President –elect fails to qualify, the Vice-President –elect shall

act as President until the President –elect shall have qualified.

If at the beginning of the term of the President, the President –elect

shall have died or shall have become permanently disabled, the Vice-
President –elect shall become President.
Section 8

Where there are no President and Vice-President.

(1) Before assumption.
(2) After assumption.
(3) Where Senate President and House Speaker also unable to act as
President.
Section 9

Vacancy in the office of the Vice-President.

(1) Nomination by the President.
(2) Confirmation by Congress.
Section 10

Vacancy in the Offices of both the President and Vice-President.

(1) Law calling special election.
(2) When special election not allowed.
Section 11

Rules in case of temporary disability of the President.

(1) Declaration by the President.
(2) Declaration by members of the Cabinet.
(3) Decision by Congress in case of a dispute.
Section 12

In case of serious illness of the President, the public shall be

informed of the state of his health. The members of the Cabinet in
charge of national security and foreign relations and the Chief of Staff
of the Armed Forces of the Philippines, shall not be denied access to
the President during such illness.
Section 13

Disabilities of President, Vice-President, Members of Cabinet, and their

deputies and assistants.
(1) Prohibitions during their tenure.
(2) Purpose of prohibitions.
(3) Other officials subject to similar prohibitions.
Section 14

Appointments extended by an Acting President.

(1) Powers and functions of Acting President.
(2) Revocation by elected President of the appointments.
Section 15

Appointments preceding a presidential election.

(1) Prohibited if made within two months before.
(2) Exceptions.
(3) Allowed if made more than two months before.
Section 16

Appointment
- Is the 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.
Officials whose appointments are
vested in the President.
(1) The officials whom the President is authorized to appoint under section 16 are:
 The heads of executive departments, ambassadors, and other public ministers
and consuls;
 The officers of the Armed Forces of the Philippines from the rank of colonel or
naval captain;
 Other officers whose appointments are vested in the President by the
Constitution;
 All other officers of the Government; and
 Those whom he may be authorized by law to appoint such as the heads of
government-owned or –controlled corporations, department under secretaries,
heads of bureaus and offices, and other officials.
(2) Under other provisions.
Kinds of presidential appointments.

(1) submission to Commission on Appointments.

(a) Regular appointments.
 Those made during the sessions of Congress.
(b) Ad Interim appointments.
 Those made during a recess of Congress.
(2)Stages in regular appointments.
Ad Interim Appointments.

(1) Recess of Congress.

(2) Effectivity of appointments.

Kinds of appointment in the career services.

(1) Permanent
(2) Temporary or acting
Kinds of acceptance.

(1) Express
(2) Implied

Meaning of Designation
 Is simply the mere imposition of new or additional duties upon an officer
already in the government service 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 exist a vacancy.
Removal power of the President

Removal is the ouster of an incumbent before the expiration of his term of

office.
(1) Not expressly granted.
(2) Impliedly granted
(3) Removal power of other officers.
Section17

Power of control over all executive departments, bureaus, and offices.

(1) Role of President as administrator.
(2) Powers giving control.

Nature and extent of the power of control.

(1) Over Cabinet Members.
(2) Over other subordinate officers.
(3) Over officers and employees in the career service.
Section18

Military power of the President.

(1) Powers to meet emergency situations.
(2) Commander-in-Chief of the Armed Forces.

Power to suspend privilege of writ of habeas corpus.

(1) Conditions- two conditions are necessary in order that the President may
suspend the privilege of writ:
 There must be invasion or rebellion at the time of the suspension; and
 The public safety must require the suspension.

(2) Persons covered by suspension.

Power to declare martial law.

(1) Conditions
(2) Scope

Meaning of martial law.

(1) In its comprehensive sense, it includes all laws that have reference to and
are administered by the military forces of the state.
(2) In its strict sense, it is that law which has application when the military arm
does not supersede civil authority but is called upon to aid it in the
execution of its vital functions
Effects of a state of martial law.

(1) Operation of the Constitution.

(2) Functions of civil courts and legislative assemblies.
(3) Jurisdiction of military courts and agencies.
Section 19

Pardoning power.
(1) Traditionally vested in President.
(2) Practically without limitations.
(3) Extends to all offenses.

Meaning of reprieve and suspension of sentence.

Reprieve is the postponement of the execution of a death sentence to a
certain date. It is different from suspension of sentence which is the
postponement of a sentence for an indefinite time.
Meaning of commutation.

 Is the reduction of the sentence imposed to a lesser punishment, as from

death to life imprisonment. It may be granted without the acceptance and
even against the will of the convict.

Meaning of pardon.
 has been defined as an at of grace proceeding from the power entrusted
with the execution of the laws (President).
Kinds of pardon.

(1) Absolute
(2) Conditional

Meaning of amnesty
 Is an act of the sovereign power granting oblivion or a general pardon for a
past offense usually granted in favor of certain classes of persons who have
committed crimes of a political character, such as treason, sedition, or
rebellion.
Section 20

Authority to contract and guarantee foreign loans.

(1) Exclusive executive function
(2) Concurrence of Monetary Board Required
(3) Checks by Congress
Section 21

Meaning of treaty.
 May be defined as a compact made between two or more states,
including international organizations of states, intended to create binding
rights and obligations upon the parties thereto. Thus, a treaty may be
bilateral or multilateral.

Steps in treaty-making.
(1) Negotiation
(2) Approval or ratification
Section 22

The President shall submit to the Congress within thirty days from
the opening of every regular session, as the basis of the general
appropriations bill, a budget of expenditures and sources of financing,
including receipts from existing and proposed revenue measures.
Section 23

The President shall address the Congress at the opening of its

regular session. He may also appear before it at any other time.

Prerogative to address and appear before Congress.

(1) Start of regular session.
(2) Any time.