Constitutional Law - I

Final Exam Reviewer

Article VII - The Executive Branch

Section 1. The executive power shall be vested in the President of the Philippines.

Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered
voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines
for at least ten years immediately preceding such election.

 The ability to read and read requires a degree of literacy but a college degree is not necessary.
 10-year residency requirement to supposedly allow candidates to have a thorough understanding of the
country's conditions.
 As they are elected at large, qualified Filipino voters abroad may vote for not only party-list organizations
but also for the President and the Vice-President, pursuant to R.A. 9189.

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. He may be removed from office 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. The President and the Vice-President shall be elected by direct vote of the people for a term of six years
which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of
the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has
succeeded as President and has served as such for more than four years shall be qualified for election to the same
office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of the service for the full term for which
he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second
Monday of May.

The returns of every election for President and Vice-President, duly certified by the board of canvassers of each
province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election,
open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and
the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law,
canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an
equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the
Members of both Houses of the Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and
qualifications of the President or Vice-President, and may promulgate its rules for the purpose.

 The President is NOT eligible for re-election of the same Office at ANY given time. Any person who
succeeds as President and has held such office for at least 4 years shall not also be qualified for re-
election of the same Office at ANY given time.
-Why was ERAP allowed to run for re-election in 2010?
- Sec. 4 states "No Vice-President shall serve for more than 2 consecutive terms.
Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of the service for the full term for which he was elected."
Although this rule is situated after the restriction made for the Vice-President such
should all the more apply to the President.
-CASE: Pormento vs. Estrada - Case was dismissed on a technicality as the case was
not decided until after the elections. The issue had become moot and academic and any
decision rendered would have been speculative as no actual controversy existed due to
PNoy's victory.
- It would have only been proper for the SC to render a decision as two of the
qualifications for judicial review, among others, are (1) if the issue is capable of
repetition in evading review; and (2) if the issue is of paramount public importance.
- PGMA succeeded ERAP but held office for less than 4 years. Hence, she was allowed to
seek re- election.
 The Vice-President is allowed to seek re-election PROVIDED that he shall not serve for more than 2
consecutive terms.
- Can anyone who has served as Vice-President for 2 consecutive terms seek re-election for the
Vice-Presidency after a break period (i.e. 2004-2010, 2010-2016, then 2022-2028)?
- No idea. The Constitution does not have the answer. No case on the issue has
surfaced.
- A President who has served his term and subsequently served as Vice-President but succeeded
to the Presidency can VALIDLY hold office as the President once more as he sought re-election
not for the Presidency but for the Vice-Presidency. The single-term limitation will not apply in
this case.
 The Congress shall canvass the votes for the President and Vice-President and shall proclaim the winners.
- It is not required that the President and the Vice-President garner majority of the votes but
merely the highest number of votes.
- COMELEC does not proclaim the winners for the Presidency and the Vice-Presidency.
 - CASE: Macalintal vs. COMELEC - SC declared as invalid Sec. 18.5 of RA 9189 which gave
powers to the COMELEC to make a partial proclamation of winners for the Presidency
and the Vice-Presidency in the Absentee Voters Election. Only Congress can make such
pronouncement.
- How is a tie resolved?
- It shall be decided by Congress in joint session assembled but voting separately.
- The winner(s) shall be who is proclaimed by both houses of Congress in joint session
assembled but voting separately.
- Required votes: Majority of each house of Congress.
- In the event of a deadlock between both houses in the resolution of a tie, how is the deadlock
resolved?
- Voting will go on until both houses reach a consensus.
- Coin toss is only applied to ties in local elections.
- In the event of a contest relating to the election, returns, and qualifications of the President
or Vice-President, the Supreme Court en banc shall have jurisdiction.
- In such cases, the Supreme Court shall constitute itself as the Presidential Electoral
Tribunal.
- CASE: FPJ vs. Arroyo - PRIOR to the proclamation of winners of the Presidential and
Vice-Presidential elections it is the COMELEC that should entertain any election contests
involving the Presidential or the Vice-Presidential aspirants
- CASE: Grace Poe vs. COMELEC - Overturned FPJ vs. Arroyo. COMELEC has no
jurisdiction on contests involving the qualifications of the Presidential and Vice-
Presidential candidates even before the proclamation of winners.
COMELEC only has jurisdiction over election contests up to elections in the
regional level. The doctrine in Limkaichong vs. COMELEC which enunciates that
election cases prior to proclamation of winners should be decided by COMELEC is now
open to debate. There is now a problem as to which body has cognizance over election
cases involving members of Congress.
-CASE: Macalintal vs. PET - Macalintal questioned the constitutionality of the SC
deciding election contests for the Presidency and the Vice-Presidency as, according to
him, the SC was in effect performing a quasi-judicial function which is prohibited under
Sec. 12, Art VIII. HELD: It is not a quasi-judicial function but a purely judicial function.
The same is done in exercise of its power of judicial review.
- Although the power of the SC to review election contests involving the Presidency and
the Vice-Presidency is NOT done under its power of judicial review.
Section 5. Before they enter on the execution of their office, the President, the Vice-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.” [In
case of affirmation, last sentence will be omitted].

 President and Vice-President elect are mandated to take their oath of office before they can perform their
official functions. Unless, once he/she has taken oath he/she may not be allowed to perform his duties as
the case may be.

Section 6. The President shall have an official residence. The salaries of the President and Vice-President shall be
determined by law and shall not be decreased during their tenure. No increase in said compensation shall take
effect until after the expiration of the term of the incumbent during which such increase was approved. They shall
not receive during their tenure any other emolument from the Government or any other source.

 One privilege of being elected President is having an official residence - Malacañan Palace
 The salaries of the President and the Vice-President are fixed by law.
- Under Sec. 17, Art. XVIII, unless a different rate is prescribed by law the annual salary for the
President is P300,000.00 while the Vice-President gets P240,000.00.
- But the salaries of the both the President and the Vice-President have been increased to Salary
Grades 33 and 32 respectively.
-May Congress enact a law decreasing the salaries of the President and the Vice-President?
-NO.
-Can they be increased?
-YES, but such increase shall not take effect until the expiration of the term of the
incumbent.
- This is so that the President/Vice-President may not be beholden to Congress and can
maintain their independence.
- The President and the Vice-President may not receive additional remuneration from
government.
 Immunity from suit - another privilege enjoyed by the President.
- No provision states that the President has immunity from suit.
- Founded on practical considerations.
-CASE: Forbes vs. Chuoco Tiaco as cited in Estrada vs. Arroyo.
- The President enjoys immunity from suit but he can be impeached from office.
Section 7. The President-elect and the 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 a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have
been chosen and 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.

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have
died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the
House of Representatives, shall act as President until a President or a Vice-President shall have been chosen and
qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a
President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials
mentioned in the next preceding paragraph.

 If by July 1 the Congress has not come to a consensus as to the winner of the Presidency or if the
President-elect was unable to take his oath or other similar scenarios, such situations will be governed by
the rule on presidential succession.
 Such TEMPORARY vacancy will cause the Vice-President to become the acting President provided that the
winner for the Vice-Presidency has already been proclaimed.
 Presidential succession governed by Sections 7, 8, 9, 10 , 11 of Article VII.
 Section 7 governs situations where vacancy in the Office of the President occurs prior to or the beginning
of the term of office of the President.
 When the vacancy in the Presidency becomes PERMANENT the Vice-President shall become the
President.
 When there is temporary or permanent vacancy in both the offices of the President and the Vice-
President, the Senate President, or, in his disability, the Speaker of the House shall become the acting
President. Neither the Senate President nor the Speaker of the House may serve as President
permanently.
 When the Senate President becomes the acting President the Speaker of the House may NOT serve as
acting Vice-President. Constitution does not mandate for an acting Vice-President.
 When the President, Vice-President, Senate President, Speaker of the House are all unable to take oath
the Constitution has mandated the Congress to enact a law for such situation. However, NO LAW has
been enacted.
Section 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-
President shall become the President to serve the unexpired term. In case of death, permanent disability, removal
from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his
inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-
President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected
and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.

 Presidential succession in Section 8 governs situations where the vacancy in the Office of the President
occurs when the previous President was already serving his term.
 The TEMPORARY vacancy will cause the Vice-President to become the acting President.
 When the vacancy becomes PERMANENT the Vice-President shall become the President.
 When there is temporary or permanent vacancy in both the offices of the President and the Vice-
President, the Senate President, or, in his disability, the Speaker of the House shall become the acting
President. Neither the Senate President nor the Speaker of the House may serve as President
permanently.
 When the Senate President becomes the acting President the Speaker of the House may NOT serve as
acting Vice-President. Constitution does not mandate for an acting Vice-President.
 When the President, Vice-President, Senate President, Speaker of the House are all unavailable the
Constitution has mandated the Congress to enact a law for such situation. However, NO LAW has been
enacted.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected,
the President shall nominate a Vice-President from among the Members of the Senate and the House of
Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of
the Congress, voting separately.

 No acting Vice-President. No special election.

 President must nominate someone from either the House of Representatives or the Senate for the Vice-
Presidency which is to be confirmed by the majority vote of both houses of Congress in joint session
assembled, voting separately.
Section 10. The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of the
President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven
days enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than
forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be
deemed certified under paragraph 2, Section 26, Article VI of this Constitution and shall become law upon its
approval on third reading by the Congress. Appropriations for the special election shall be charged against any
current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article VI of this
Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special
election shall be called if the vacancy occurs within eighteen months before the date of the next presidential
election.

 In case of permanent vacancy in both the Office of the President and the Office of the Vice President:
- A special election will take place at ten o'clock on the third day following such vacancies in the
Office of the President and the Office of the Vice President.
- Congress shall convene without need of call and within seven days from convening Congress
shall enact law calling for a presidential election.
- Such election shall be held NOT earlier than 45 days but NOT later than 60 days from the time
of call.
- Such law is deemed certified under Sec. 26 (2), Art. VI wherein such bill may become a law
upon its approval immediately after the third and final reading thereof.
- Appropriations shall be charged against any CURRENT appropriations and shall be exempt from
the requirements under Sec. 25 (4), Art. VI
- Convening of Congress for such special election can NEVER be postponed.
 However, no special election shall be called if the vacancy occurs 18 months before the date of the next
presidential election (1 year and 6 months).
 Any qualified person may run in a special election.

Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until
he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-
President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker
of the House of Representatives their written declaration that the President is unable to discharge the powers and
duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting
President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of
Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his
office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President of
the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable
to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress
shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call.
If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days
after it is required to assemble, determines by a two-thirds vote of both Houses, voting separately, that the
President is unable to discharge the powers and duties of his office, the Vice-President shall act as the President;
otherwise, the President shall continue exercising the powers and duties of his office.

 In such cases the Vice President will serve as the acting President until the President transmits his written
communication to the Senate President and the Speaker of the House that he is already able to discharge
his functions.
 HOWEVER, when majority of the cabinet members express that the President is still incapable of
discharging his duties, the Vice President may, upon the transmission of the written communication of the
majority of the cabinet members to the Senate President and the Speaker of the House.
- HOWEVER, if the President disputes the pronouncement made by the majority if his cabinet
members, he shall reassume his functions as President.
- BUT, if within 5 days the cabinet members would still insist on the President's incapacity,
Congress would have to decide on whether or not the President is capacitated to perform his
functions by a two-thirds vote of each house in joint session assembled but voting separately.
- But in such case the VP shall only become ACTING President.

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.

 The public was not informed of Marcos's physical condition during his last days in office.
 The cabinet members were not allowed access to Marcos in his last days.
 This provision was abused in the case of President Arroyo's alleged breast augmentation surgery, this was
not the situation contemplated by Sec. 12.
Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall
not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be
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 government-owned or controlled corporations or their
subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during
his tenure, 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 government-owned or controlled
corporations and their subsidiaries.

 Prohibition on President, Vice-President, Cabinet members, and their deputies regarding the holding of
other offices is more stringent compared to members of Congress.
- Sec. 13 does not only prohibit them from other public offices but ALSO from private
profession/business directly or indirectly.
- Prohibition only applies to Congress insofar as holding another office in government but not to
the practice of their private profession, except that they may not appear in any court of law as
counsel if they are lawyers.
 HOWEVER, under Sec. 3 of Art. VII, the Vice-President may hold office as a member of the Cabinet even
without the confirmation of the Commission on Appointment.
- BUT, the VP may NOT receive additional remuneration for the second position pursuant
to Sec. 6, Art. VII.
 2nd par. also poses as a prohibition against nepotism by the President.
- Prohibition only applies to appointments by the President and not when the family members
stated in 2nd par. are voted into office.

Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the
heads of the executive departments, ambassadors, other public ministers and consuls, or 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. He shall also appoint all other officers of the Government whose appointments are not otherwise
provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the
appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments,
agencies, commissions, or boards.

 The first and second sentences of Sec. 16 have to be dichotomized.

 Appointments made by the President under the FIRST sentence would have to be confirmed by the
Commission on Appointments.
-"...heads of the executive departments, ambassadors, other public ministers and consuls, or
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."
 - CASE: Quintos-Deles vs. Commission on Appointments - The President appointed sectoral
representatives which was done pursuant to Sec. 7, Art. XVIII. Prior to RA 7941, implementing the
party-list elections, the President was given the power to appoint sectoral representatives.
ISSUE: Whether or not such appointments had to be confirmed by the Commission on
Appointments as Sec. 7, Art. XVII is silent on the matter. HELD: Any such appointment would fall
under the FIRST sentence of Sec. 16, Art. VII, "... and other officers whose appointments are
vested in him in this Constitution."
- Appointments of regular members to the Judicial and Bar Council pursuant to Sec. 8 (2), Art. VIII
also fall under first sentence. (Representatives from the IBP, a law professor, a retired member of
the SC, and representative from the private sector,)
- Appointments to constitutional commissions like COA, COMELEC, Civil Service Commission as
provided for under Art. IX-B, Art. IX-C, and Art. IX-D of the Constitution.
- There are appointments which can be made by the President pursuant to the first sentence but
do not need the confirmation of the Commission on Appointments:
a.) When the President appoints the Vice-President as a member of his Cabinet,
pursuant to Sec. 3, Art. VII.
b.) When the President appoints Justices of the SC and judges of the lower courts
pursuant to Sec. 9 Art. VIII.
c.) Appointment of the Ombudsman pursuant to Sec. 9 Art. XI.
 Whereas, appointments made by the President under the SECOND sentence do not require the
confirmation of the Commission on Appointments.
- "...all other officers of the Government whose appointments are not otherwise provided for by
law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest
the appointment of other officers lower in rank in the President alone, in the courts, or in the
heads of departments, agencies, commissions, or boards."
- Chairman of the CHR, Sec. 17, Art. XIII created the CHR, however, there is no provision or law
regarding the CHR Chairman's appointment.
- Other government officials pursuant to a law which vests power on the President to appoint
certain officials. However, if such law provides that such appointment shall have to be confirmed
by the Commission on Appointments:
- CASE: Calderon vs. Carale - Calderon questioned the appointments of commissioners
to the NLRC without the confirmation of the Commission on Appointments. Under the
Labor Code, the NLRC commissioners are to be appointed by the President with the
confirmation of the Commission on Appointments. HELD: SC held that despite the
provision of the Labor Code requiring the confirmation of the commissioners of the
 NLRC by the Commission on Appointments, such case still falls under the ambit of the
SECOND sentence, no confirmation necessary. Labor Code cannot amend Sec. 16, Art.
VII.
 Appointments may be TEMPORARY or PERMANENT.
- Permanent when the appointee meets all the necessary qualifications. Otherwise, temporary
and the temporary appointee may be replaced at any time by the President when he/she finds a
suitable replacement with the necessary qualifications.
 Appointments may also be REGULAR or AB INTERIM
- Regular when the process is followed. Where the President makes the nomination first, then
the nomination is confirmed by the Commission on Appointments, then there is the issuance of
the appointing paper itself, then there is acceptance by the appointee. No person may be
compelled to accept an appointment otherwise such would amount to involuntary servitude. The
only type of service where a person may be compelled is when he/she is forced into military
service in times of war. Such appointment may be withdrawn by the appointing authority prior to
the acceptance of the appointee. CASE: Lacson vs. Romero. Regular appointments are made
while Congress is in session as the Commission on Appointments will also be in session.
- Ab Interim appointments are those made by the President while Congress in recess as the
Commission on Appointments will also be in recess. These appointments are valid until revoked
by the Commission on Appointments once it convenes or if that Ab Interim appointment is not
acted upon by the Commission on Appointments until its adjournment.
- May an appointee which was not approved by the Commission on Appointments be re-
appointed? NO. But he may be appointed to another position as he may possess the
qualifications for another position. The appointment was disapproved
- May an Ab Interim appointee be re-appointed to the same position if his appointment was not
confirmed by the Commission on Appointments prior to its adjournment? YES. The appointment
was merely bypassed. CASE: Matibag vs. Benipayo.
- Can the President appoints individuals to serve in an acting capacity?
-CASE: Pimentel vs. Ermita - the appointment of an individual to perform in an acting
capacity is valid so long as the same is brought about by the exigency of public service
and the same is done in good faith.