Article VII | Executive Department

Executive Power- power to administer the laws.

Qualification of the President

1. Natural Born Citizen of the Philippines

2. A registered voter

3. Able to read and write

4. At least 40 years of age.

5. Resident of the Philippines for at least 10 years

Power of the President

1. Veto Power- reject or disapprove any bill passed by the congress

2. Appointing power- to appoint its cabinet members and other officials of the military and civil
service. This certain appointment is subject to the confirmation of the Congress’ Commission on
Appointment

3. Reprieve- postponed the date of execution of a convict from a definite date to other definite time.

4. Suspension of Sentence- postponement of a sentence without a given definite time when will be
the sentence be executed.

5. Commutation- to lower a certain punishment given to a convict to a lower crime.

6. Pardoning- to forgive and release the convict from imprisonment

7. Amnesty- act of forgetfulness by the president to a person who committed an offense

undermining the sovereignty of the state

8. Commander-in-Chief of the Armed Forces of the Philippines

9. Declare Martial Law- to be confirmed by the congress

10. Suspend the Privilege of the writ of habeas corpus

Restrictions to Declare a Martial or suspend Habeas Corpus

1. There must be an actual invasion or rebellion on a certain area (province, city, etc…)

2. The period must not exceed 60 days unless extended by the congress

3. President must submit a report in person or in writing to the congress within 48hours of
proclamation or suspension which will guide the congress in deciding the action it should take, i.e.,
revocation or extension;

4. Proclamation or suspension may be made by the Congress by voting.

5. The Supreme Court may inquire into the sufficiency of the factual basis of the proclamation or
suspension of a Martial Law or Habeas corpus.

Source: https://officialnotes.blogspot.com/2013/12/summary-of-philippine-constitution_9559.html

Sec. 1: President

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

Sec. 2: Qualifications

Natural-born citizen

Registered voter

Able to read and write

At least 40 yrs old on the day of election

Resident for at least 10 yrs immediately preceding the election

Sec. 3: Vice-President

Same qualifications and term of office as Pres

Elected and removed in same manner as Pres

May be a member of the Cabinet without need of confirmation

Sec. 4: Election and Term of Office

PRESIDENT – six years without re-election

VICE-PRESIDENT – six years, 2 successive terms

Q: If the Vice-President succeeds in the Presidency, is he allowed to run for President in the next
election?

A: Yes, provided he did not hold the office of the President for more than 4 yrs.

Congress as Board of Canvassers

PROCEDURE:

Duly certified returns from each province or city shall be transmitted to Congress, directed to the Senate
President

Upon receipt of certificate of canvass, the Senate President shall, not later than 30 days after election
day, open all the certificates in the presence of the Senate and the House of reps in a joint public session

Congress shall determine the due authenticity and due execution of the certificate canvass and start
canvassing the votes

Congress shall proclaim the candidate having the highest number of votes

In case of tie, Congress shall vote separately and the candidate having the majority votes of all members
of both Houses shall be proclaimed the winner

Role of Congress in Presidential Election is to canvass the votes (See Barbers vs. Comelec)

Supreme Court en banc as Presidential Electoral Tribunal

Sole judge of all contents relating to the election, returns, and qualifications of the President or Vice-
President, and may promulgate its rules for the purpose

NOTA BENE:

No pre-proclamation controversy is allowed against Presidential or Vice-Presidential candidates,

EXCEPT: the correction of manifest errors in the certificate of canvass or election returns or State of
Votes
Only the candidate who garners the second or third highest number of votes may question the
proclamation of a winner.

Sec. 6: Privilege and Salary

PRIVILEGES:

Official residence (Malacanang Palace)

Immunity from suit – not provided in the Constitution; to prevent distraction from performance of
duties

SALARY

Fixed by law

Cannot be decreased during tenure (actual time he held office) and cannot be increased during his term
(only upon expiration of the term)

Shall not receive during tenure any other emolument from Government or any other source

Sec. 7 and 8: Assumption of Office and Succession

WHEN: before noon of June 30

If President-elect fails to qualify, dies or is permanently incapacitated, Vice-President-elect becomes the

President

If the President-elect becomes incapacitated temporarily, the Vice-President-elect will act as President
until such a time that the President can assume office

If there is failure to elect the president, the Vice-President will assume or act as President

If the President, during his term, dies, gets disabled permanently, is removed from office, or resigns, the
Vice-President becomes the President

SUCCESSION IN CASE OF VACANCY:

Vice-President

Senate President

Speaker of the House

Sec. 9: Vacancy of Vice-Presidency

The President shall nominate one from the Senate and the House of Reps who shall assume office upon
confirmation by a majority vote of all the Members of the Houses, voting separately

Sec. 10: Special Election in Case of Vacancy

WHEN: 10:00 a.m. of the third day after the vacancy

Congress will convene without need of a call and within 7 days enact a law calling for a special election
to be held not earlier than 45 days nor later than 60 days from time of such call

Sec. 11: Acting President

GROUND: inability to discharge the powers and duties of the office

HOW: written declaration of the President or majority of his Cabinet

Vice-President shall assume office as Acting President

RESUMPTION OF OFFICE: also through written declaration of the President; if majority of Cabinet denies
such declaration, Congress shall decide the issue (if not in session, Congress will convene within 48 hrs)
within 10 days (12 days if not in session), by 2/3 vote

Sec. 12: Illness of the President

Public shall be informed of the state of his health

Members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the
Armed Forces shall not be denied access to the President during such illness

Sec. 13: Prohibition

Cannot hold any other office or employment during tenure

Cannot, during tenure, directly or indirectly practice any profession, participate in any business or be
financially interested in any contract with, or in any franchise, or special privilege granted by the
Government

Strictly avoid conflict of interest in the conduct of their office

President’s spouse and relatives by consanguinity or affinity within the 4th civil degree be appointed as
members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and subsidiaries

WHO CANNOT HOLD ANY OTHER OFFICE DURING TENURE:

President

Vice-President

Cabinet Members

Deputies and Assistants

EXCEPTIONS:

When Vice-President is appointed as member of the Cabinet

When Vice-President acts as President

When Secretary of Justice is also a member of the Judiciary

Q: Does the President have the same prohibition as Congress?

A: No, because Congress is only prohibited from holding offices in GOCCs and any other government
instrumentality, agency or subsidiary during term while Executive is prohibited from holding any other
office, whether public or private during tenure.

Q: What is ex officio capacity?

A: When an official holds other duties for the same office where he does not receive additional
compensation and the office is required by his primary function.

Sec. 14 and 15: Appointments extended by Acting President

Effective unless revoked by the elected President within 90 days from his assumption or reassumption
of office

Acting President shall not make appointments 2 mos immediately before the next presidential elections
and up to the end of his term, EXCEPT: temporary appointments to executive positions when continued
vacancies therein will prejudice public service or endanger public safety

Sec. 16: Appointing Power

TYPES OF APPOINTMENT:

Regular
Ad Interim

Temporary

Acting Appointments, effect and validity (See Pimental vs. Executive Secretary)

Q: When is Congress considered to be in recess?

A: Recess it not the time between the adjournment of Congress and the start of its regular session. The
recess referred to here is the times of interval of the session of the same Congress.

Q: How long will ad interim appointments last?

A: Such appointments will last until disapproved by the Commission on Appointments or until the next
adjournment of Congress.

WHO ARE APPOINTED BY PRESIDENT:

Heads of executive departments, ambassadors, other public ministers and consuls, officers of the armed
forces from the rank of colonel or naval captain, and other officers whose appointments are vested in
him in this Constitution – requires confirmation from Commission on Appointments

All other officers of the Government whose appointments are not otherwise provided by law

Those whom the President may be authorized by law to appoint

Officers lower in rank whose appointments the Congress may by law vest in the President alone

Sec. 17: Power of Control

Power to Reorganize

Buklod ng Kawaning EIIB vs. Zamora, G.R. No. 142801-802, July 10, 2001

FACTS:

Pres. Estrada issued EO 191, deactivating the EIIB and transferring its functions to the BOC and NBI. As a
result, the EIIB personnel were deemed separated from service.
Sec. 18: Commander-in-Chief Powers of the President:

Power to call on the military or armed forces

Power to suspend the writ of habeas corpus

Power to declare martial law

CALLING OUT POWER

Conditions for calling out the armed forces:

To suppress lawless violence, rebellion or invasion

Whenever it becomes necessary

MARTIAL LAW

Conditions for declaration of Martial Law:

When there is (1) rebellion or (2) invasion (grounds)

Public safety requires the declaration

NOTA BENE: There must be actual rebellion or invasion. Differ this from the calling out power which
does not require actual rebellion or invasion but only that whenever it (the exercise of the calling out
power) becomes necessary to suppress lawless violence, rebellion or invasion. (See Sanlakas vs. Reyes,
G.R. No. 159085, Feb. 3, 2004)

What happens when Martial Law is declared:

No suspension of operation of the Constitution

No supplanting of the functioning of the civil courts and legislative assemblies

No conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to
function

No automatic suspension of the writ of habeas corpus

Constitutional guards against the power to declare Martial Law:

Will last only for 60 days, unless sooner revoked by Congress

Within 48 hours after declaration, President is required to submit a report to Congress

Congress shall revoke or extend the period by jointly voting with an absolute majority and President
may not reverse such revocation

If Congress is not in session, they shall convene within 24 hours from such declaration without need for
call

Supreme Court may nullify the declaration on the ground of lack of factual basis, judgment to be
rendered within 30 days from its filing by any ordinary citizen

SUSPENSION OF THE WRIT OF HABEAS CORPUS

(NOTE: the conditions and effect of the suspension of the writ is similar to declaration of martial law)

Restrictions to the suspension of the writ of habeas corpus:

Apply only to persons judicially charged for rebellion

Apply only to persons judicially charged for offenses inherent in or directly connected with invasion

The person arrested must be judicially charged within 3 days from arrest, otherwise he shall be released

Sec. 19: Executive Clemencies

“Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant
reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final
judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of
the Congress.”

EXECUTIVE CLEMENCIES:

Amnesty

Pardon

Reprieve

Commutation

Remit fines and forfeitures

Amnesty – an act of grace by the Chief Executive as a result of the grant of amnesty, the criminal liability
of the offender and all the effects of the crime are completely erased. It is a blanket pardon given to a
class of persons who committed crimes that are political in nature. To be valid, Congress has to concur
with a majority vote (thus, it is a public act) and the accused must admit his guilt.

Pardon – a private act of the President granted after judgment by final conviction for ordinary offenses.
It may be absolute or condition, in which case, acceptance of condition – if burdensome to the accused
– is necessary. The effect is to relieve the accused from further punishment, thus, if given after sentence
has been served, its effect is to extinguish the accessory penalties. In case of administrative cases, effect
is reinstatement but no payment of backwages.

Reprieve – discretionary upon the President to suspend the enforcement of judgment

Sec. 20: Power to Contract or Guarantee Foreign Loans

Scope of Power (See Constantino vs. Cuisia)

Sec. 21: Treaty-making Power

“No treaty or international agreement shall be valid and effective unless concurred in by at least two-
thirds of all the Members of the Senate.”
Power to enter into and ratify treaties is sole prerogative of the Executive (See AKBAYAN vs. Aquino)

Power to Ratify by President vs. Senate’s Power to Concur

Power of President to Reclassify Public Lands and Sell the Same

Reclaimed Lands vs. Submerged Lands; When invalid sales may no longer be invalidated

Sec. 22: Preparation and Submission of Budget

Sec. 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.

Sec. 23: SONA

Sec. 23: The President shall address the Congress at the opening of its regular session. He may also
appear before it at any other time.

Source: http://scire-licet.blogspot.com/2009/12/article-vii-executive-department.html