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ARTICLE VII. THE EXECUTIVE DEPARTMENT


Section 1. EXECUTIVE POWER
Scope:
1)

Executive power is vested in the President of the Philippines.

2) The scope of this power is set forth in Art. VII of the Constitution. But this
power is not limited to those set forth therein. The SC, in Marcos v. Manglapus,
referred to the RESIDUAL powers of the President as the Chief Executive of the
country, which powers include others not set forth in the Constitution.
EXAMPLE: The President is immune from suit and criminal prosecution while he
is in office.
3) Privilege of immunity from suit is personal to the President and may be
invoked by him alone. It may also be waived by the President, as when he
himself files suit.
4) BUT The President CANNOT dispose of state property unless authorized by
law.
Section 2. QUALIFICATIONS
1)

Natural-born citizen of the Philippines

2)

Registered voter;

3)

Able to read and write;

4)

At least 40 years old on the day of election

5)

Philippine resident for at least 10 years immediately preceding such election.

Note: The Vice-President has the same qualifications & term of office as the
President. He is elected with & in the same manner as the President. He may be
removed from office in the same manner as the President.
Section 4. MANNER OF ELECTION/ TERM OF OFFICE
Manner of Election
1) The President and Vice-President shall be elected by direct vote of the
people.
2) Election returns for President and Vice-President, as duly certified by the
proper Board of Canvassers shall be forwarded to Congress, directed to the
Senate President.
3) Not later than 30 days after the day of the election, the certificates shall be
opened in the presence of both houses of Congress, assembled in joint public
session.
4) The Congress, after determining the authenticity and due execution of the
certificates, shall canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed
elected.
6) In case of a tie between 2 or more candidates, one shall be chosen by a
majority of ALL the members of both Houses, voting separately. In case this

results in a deadlock, the Senate President shall be the acting President until the
deadlock is broken.
7) The Supreme Court en banc shall act as the sole judge over all contests
relating to the election, returns, and qualifications of the President or VicePresident and may promulgate its rules for the purpose.
Term of Office
1) President
a) 6 years beginning at noon on 30 June immediately following the election and
ending at noon on the same day 6 years later.
b)

Term limitation: Single term only; not eligible for any reelection.

c) Any person who has succeeded as President, and served as such for more
than 4 years shall NOT be qualified for election to the same office at any time.
2)

Vice-President:

a)

6 years, starting and ending the same time as the President.

b)

Term limitation: 2 successive terms.

c) Voluntary renunciation of the office for any length of time is NOT an


interruption in the continuity of service for the full term for which the VicePresident was elected.
Section 6. SALARIES AND EMOLUMENTS
1)

Official salaries are determined by law.

2) Salaries cannot be decreased during the TENURE of the President and the
Vice-President.
3) Increases take effect only after the expiration of the TERM of the incumbent
during which the increase was approved.
4) Prohibited from receiving any other emolument from the government or any
other source during their TENURE
Sections 7-12, PRESIDENTIAL SUCCESSION
1. Vacancies at the beginning of the term
VACANCY

SUCCESSOR

President-elect fails to qualify or


to be chosen

VP-elect will be Acting President


until someone is qualified/chosen
as President.

President-elect dies or is
permanently disabled.

VP becomes President.

Both President and VP-elect are


not chosen or do not qualify or
both die, or both become
permanently disabled.

1.
2.

Senate President or
In case of his inability, the
Speaker of the House shall
act as President until a
President or a VP shall have
been chosen and qualified.

In case of death or disability of


(1) and (2), Congress shall
determine, by law, who will be
the acting President.
2. Vacancies after the office is initially filled:
VACANCY
President dies, is permanently
disabled, is impeached, or
resigns.

SUCCESSOR
Vice-President becomes
President for the unexpired term.
1.
2.

Both President and VicePresident die, become


permanently disabled, are
impeached, or resign.

Senate President or
In case of his inability, the
Speaker of the House shall
act as President until the
President or VP shall have
been elected and qualif

3) Vacancy in office of Vice-President during the term for which he was


elected:
a) President will nominate new VP from any member of either House of
Congress.
b) Nominee shall assume office upon confirmation by majority vote of ALL
members of both Houses, voting separately. (Nominee forfeits seat in Congress)
4)

Election of President and Vice-President after vacancy during tem

a)
Congress shall convene 3 days after the vacancy in the office of both the
President and the VP, without need of a call. The convening of Congress cannot
be suspended.
b)
Within 7 days after convening, Congress shall enact a law calling for a
special election to elect a President and a VP. The special election cannot be
postponed.
c)
The special election shall be held not earlier than 45 days not later than 60
days from the time of the enactment of the law.
d)

The 3 readings for the special law need not be held on separate days.

e)

The law shall be deemed enacted upon its approval on third reading.

BUT: No special election shall be called if the vacancy occurs within 18 months
before the date of the next presidential election.
5)

Temporary disability of the President:

The temporary inability of the President to discharge his duties may be raised in
either of two ways:
a) By the President himself, when he sends a written declaration to the Senate
President and the Speaker of the House. In this case, the Vice-President will be

Acting President until the President transmits a written declaration to the


contrary.
b) When a majority of the Cabinet members transmit to the Senate President
and the Speaker their written declaration.
(i)

The VP will immediately be Acting President.

(ii)
BUT: If the President transmits a written declaration that he is not
disabled, he reassumes his position.
(iii)
If within 5 days after the President re-assumes his position, the
majority of the Cabinet retransmits their written declaration, Congress shall
decide the issue. In this event, Congress shall reconvene within 48 hours if it is
not in session, without need of a call.
(iv)
Within 10 days after Congress is required to assemble, or 12 days if
Congress is not in session, a 2/3 majority of both Houses, voting separately, is
needed to find the President temporarily disabled, in which case, the VP will be
Acting President.
6)

Presidential Illness:

a)

If the President is seriously ill, the public must be informed thereof.

b) Even during such illness, the National Security Adviser, the Secretary of
Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the
President
Section 13. DISQUALIFICATIONS
SUBJECT
President, VicePresident, Cabinet
Members, Deputies or
Assistants of Cabinet
Members

SOURCE OF DISQUALIFICATION
Prohibited from:
1. Holding any office or employment
during their tenure, UNLESS:

1.

otherwise provided in the


Constitution (e.g. VP can be
appointed a Cabinet Member, Sec. of
Justice sits on Judicial and Bar
Council); or
2. the positions are ex-officio and they
do not receive any salary or other
emoluments therefor (e.g. Sec. of
Finance is head of Monetary Board).

1.

1.

Practicing, directly or indirectly, any


other profession during their tenure;

Participating in any business;

1.

Being financially interested in any


contract with, or in any franchise, or
special privilege granted by the
government or any subdivision,
agency or instrumentality thereof,
including GOCCs or their
subsidiaries.

N.B. The rule on disqualifications for the


President and his Cabinet are stricter
than the normal rules applicable to
appointive and elective officers under Art.
IX-B, Sec. 7.
Cannot be appointed during Presidents
tenure as:

1.
2.
3.
4.
5.

Members of the Constitutional


Commissions;
Office of the Ombudsman;
Department Secretaries;
Department under-secretaries;
Chairman or heads of bureaus or
offices including GOCCs and their
subsidiaries.

N.B.
1.

Spouses and 4th degree


relatives of the
President
(consanguinity or
affinity)

If the spouse, etc., was already in


any of the above offices at the time
before his/her spouse became
President, he/she may continue in
office. What is prohibited is
appointment and reappointment,
NOT continuation in office.
2. Spouses, etc., can be appointed to
the judiciary and as ambassadors
and consuls.

Sections 14-16. POWER TO APPOINT


Principles:
1)
Since the power to appoint is executive in nature, Congress cannot usurp
this function.

2)
While Congress (and the Constitution in certain cases) may prescribe the
qualifications for particular offices, the determination of who among those who
are qualified will be appointed is the Presidents prerogative.
Scope:
The President shall appoint the following:
1)

Heads of executive departments (CA confirmation needed):

2)

Ambassadors, other public ministers, and consuls (CA confirmation needed).

3) Officers of AFP from rank of colonel or naval captain (CA confirmation


needed).
4) Other officers whose appointment is vested in him by the Constitution (CA
confirmation needed), such as:
a)

Chairmen and members of the COMELEC, COA and CSC.

b)

Regular members of the Judicial and Bar Council.

c)

The Ombudsman and his deputies;

d)

Sectoral representatives in Congress.

N.B. President also appoints members of the Supreme Court and judges of
the lower courts, but these appointments do not need CA confirmation.

5) All other officers whose appointments are not otherwise provided for by law;
and those whom he may be authorized by law to appoint.
a)
This includes the Chairman and members of the Commission on Human
Rights, whose appointments are provided for by law NOT by the Constitution.
b)
Congress may, by law, vest the appointment of other officers lower in rank
in the President alone or in the courts, or in the heads of departments, agencies,
boards or commissions.
c)
BUT: Congress cannot, by law, require CA confirmation of the appointment
of other officers for offices created subsequent to the 1987 Constitution (e.g.
NLRC Commissioners, Bangko Sentral Governor).
d)
ALSO: Voluntary submission by the President to the CA for confirmation of
an appointment which is not required to be confirmed does not vest the CA with
jurisdiction. The President cannot extend the scope of the CAs power as
provided for in the Constitution.
Procedure:
1) CA confirmation needed:
a)

Nomination by President

b)

Confirmation by CA

c)

Appointment by President; and

d)

Acceptance by appointee.

Note: At any time before all four steps have been complied with, the President
can withdraw the nomination/appointment.

2)

No CA confirmation:

a)

Appointment; and

b)

Acceptance.

Note: Once appointee accepts, President can no longer withdraw the


appointment.
Ad-interim appointments:
1) When Congress is in recess, the President may still appoint officers to
positions subject to CA confirmation.
2) These appointments are effective immediately, but are only effective until
they are disapproved by the CA or until the next adjournment of Congress.
3) Appointments to fill an office in an acting capacity are NOT ad-interim in
nature and need no CA approval.
Appointments by an Acting President:
These shall remain effective UNLESS revoked by the elected President within 90
days from his assumption or re-assumption of office.
Limitation
1) 2 months immediately before the next Presidential elections, and up to the
end of his term, the President or Acting President SHALL NOT make
appointments. This is to prevent the practice of midnight appointments.
2)

EXCEPTION:

a)

Can make TEMPORARY APPOINTMENTS

b)

To fill EXECUTIVE POSITIONS;

c) If continued vacancies therein will prejudice public service or endanger


public safety.
Section 17. Power of Control and Supervision
Power of Control:
The power of an officer to alter, modify, or set aside what a subordinate officer
has done in the performance of his duties, and to substitute the judgment of the
officer for that of his subordinate. Thus, the President exercises control over all
the executive departments, bureaus, and offices.
The Presidents power over government-owned corporations comes not from the
Constitution but from statute. Hence, it may be taken away by statute.
Qualified Political Agency:
1) Since all executive and administrative organizations are adjuncts of the
Executive Department, the heads of such departments, etc. are assistants and
agents of the President.

2) Thus, generally the acts of these department heads, etc, which are
performed and promulgated in the regular course of business, are presumptively
the acts of the President.
3)

Exception: If the acts are disapproved or reprobated by the President.

4) Under Administrative Law, decisions of Department Secretaries need not be


appealed to the President in order to comply with the requirement of exhaustion
of administrative remedies.
5) Qualified political agency does NOT apply if the President is required to act in
person by law or by the Constitution. Example: The power to grant pardons
must be exercised personally by the President.
Disciplinary Powers:
1) The power of the President to discipline officers flows from the power to
appoint the, and NOT from the power control.
2) BUT While the President may remove from office those who are not entitled
to security of tenure, or those officers with no set terms, such as Department
Heads, the officers, and employees entitled to security of tenure cannot be
summarily removed from office.
Power of Supervision:
1) This is the power of a superior officer to ensure that the laws are faithfully
executed by subordinates.
2) The power of the president over local government units is only of general
supervision. Thus, he can only interfere with the actions of their executive heads
if these are contrary to law.
3) The execution of laws is an OBLIGATION of the President. He cannot
suspend the operation of laws.
4) The power of supervision does not include the power of control; but the
power of control necessarily includes the power of supervision.
Section 18. COMMANDER-IN-CHIEF POWERS
Scope:
1)

The President is the Commander-in-Chief of the Armed Forces.

2) Whenever necessary, the President may call out the AFP to PREVENT or
SUPPRESS:
a)

Lawless violence;

b)

Invasion; or

c)

Rebellion.

3)

The President may also:

a)

Suspend the privilege of the writ of habeas corpus; and

b)

Proclaim a state of martial law.

Suspension of the privilege of the writ of habeas corpus and declaring


martial law;
1. Grounds
1. Invasion or
2. Rebellion; and
3. Public safety requires it.
1. The invasion or rebellion must be ACTUAL and not merely imminent.
1. Limitations:
1. Suspension or proclamation is effective for only 60 days.
1. Within 48 hours from the declaration or suspension, the President must
submit a report to Congress.
1. Congress, by majority vote and voting jointly, may revoke the same, and
the President cannot set aside the revocation.
1. In the same manner, at the Presidents initiative, Congress can extend the
same for a period determined by Congress if:
i. Invasion or rebellion persist and
ii. Public safety requires it.
NOTE: Congress CANNOT extend the period motu propio.
1.

Supreme Court review:

i. The appropriate proceeding can be filed by any citizen.


ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.
iii. Decision is promulgated within 30 days from filing.
1.

f.

Martial Law does NOT:

i. Suspend the operation of the Constitution.


ii. Supplant the functioning of the civil courts or legislative assemblies.
iii. Authorize conferment of jurisdiction on military courts over civilians where
civil courts are able to function and
iv. Automatically suspend the privilege of the writ.
1.

Suspension of privilege of the writ:

i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in


or directly connected with invasion.
ii. Anyone arrested or detained during suspension must be charged within 3
days. Otherwise he should be released.
Note: While the suspension of the privilege of writ and the proclamation of
martial law is subject to judicial review, the actual use by the President of the
armed forces is not. Thus, troop deployments in times of war is subject to the
Presidents judgment and discretion.
Section 19: EXECUTIVE CLEMENCY
Scope:
1.) The President may grant the following: [ Pa R C Re]
1. Pardons (conditional or plenary)

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2.
3.
4.
2.)

Reprieves
Commutations
Remittance of fines and forfeitures
These may only be granted AFTER conviction by final judgment.

3.) ALSO: The power to grant clemency includes cases involving administrative
penalties.
4.) Where a conditional pardon is granted, the determination of whether it has
been violated rests with the President.
Limitations:
1.)

As to scope:

Cannot be granted:
a.)

Before conviction

b.)

In cases of impeachment

c.) For violations of election laws, rules, and regulation without the favorable
recommendation of the COMELEC
d.)

In cases of civil or legislative contempt

2.)

As to effect:

a.)

Does not absolve civil liabilities for an offense.

b.) Does not restore public offices already forfeited, although eligibility for the
same may be restored.
Amnesty:
1.) An act of grace concurred in by Congress, usually extended to groups of
persons who commit political offenses, which puts into oblivion the offense itself.
2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a
majority of all the members of Congress.
3.) When a person applies for amnesty, he must admit his guilt of the offense
which is subject to such amnesty. If his application is denied, he can be
convicted based on this admission of guilt.
4.)

Amnesty V. Pardon
AMNESTY

PARDON

Addressed to POLITICAL
offenses

Addressed to ORDINARY
offenses

Granted to a CLASS of
persons

Granted to INDIVIDUALS

Need not be accepted

Must be accepted

Requires concurrence of

No need for Congressional

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majority of all members of


Congress

concurrence

A public act. Subject to


judicial notice

Private act of President. It must


be proved.
Only penalties are extinguished.
May or may not restore political
rights. Absolute pardon restores.
Conditional does not.

Extinguishes the offense


itself
May be granted before or
after conviction

Civil indemnity is not


extinguished.
Only granted after conviction by
final judgement

Section 20. Power to Contract or Guarantee Foreign Loans


Limitations:
(1) The President may contract or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of the Monetary Board; and
(2) Subject to such limitations as may be provided by law.
Section 21. Foreign Relations Powers include:
(1) Power to negotiate treaties and other international agreements
(a) BUT: Such treaty of international agreement must be concurred in by at least
2/3 of all Senators in order to be valid and effective in our country.
(b) Options of Senate when a treaty is submitted for its approval:
(i)
(ii)
(iii)

Approve with 2/3 majority;


Disapprove outright; or
Approve conditionally, with suggested amendments.

(c) If treaty is not re-negotiated, no treaty


(d) If treaty is re-negotiated and the Senates suggestions are incorporated, the
treaty will go into effect without need of further Senate approval.
Note: While our municipal law makes a distinction between international
agreements and executive agreements, with the former requiring Senate
approval and the latter not needing the same, under international law, there is no
such distinction.
Note: The President cannot, by executive agreement, undertake an obligation
which indirectly circumvents a legal prohibition.
(e) Conflict between treaty and municipal law.
(i) Philippine court:

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The later enactment will prevail, be it treaty or law, as it is the latest expression
of the States will.
(ii) International tribunal
Treaty will always prevail. A State cannot plead its municipal law to justify
noncompliance with an international obligation.
(2) Power to appoint ambassadors, other public ministers, and consuls.
(3) Power to receive ambassadors and other public ministers accredited to the
Philippines.
(4) Power to contract and guarantee foreign loans on behalf of the Republic
(5) Power to deport aliens
(a) This power is vested in the President by virtue of his office, subject only to
restrictions as may be provided by legislation as regards the grounds for
deportation.
(b) In the absence of any legislative restriction to authority, the President may
still exercise this power.
(c) The power to deport aliens is limited by the requirements of due process,
which entitles the alien to a full and fair hearing.
BUT:

The alien is not entitled to bail as a matter of right.