CHAPTER 10 - Six years interval, every 2nd Monday of

May.
EXECUTIVE DEPARTMENT - The returns of every election for
- Liberty inspired by Pres. Marco’s regime. president and Vice President is
transmitted directly to the President of
the Senate.
I. Executive Power - President of the Senate will open the
canvas not later than 30 days after the
Article VII Sec 1 – “the executive power shall be election and open all the certificates in
vested in the President” the presence of the congress.
- The person with highest vote = elected
- Power to enforce and administer the - If two persons have equal votes, the
laws elected will be chosen by the majority of
- President becomes the most influential all the members of both Houses of
person in the land. Congress, voting separately.

II. QUALIFICATIONS  Presidential Electoral Tribunal (PET) –

Sec. 2 – Natural-born citizen of the Philippines,
- Registered voter
- Able to read and write
- 40 Y/O on the day of election
- Resident of the PH for at least 10 years
immediately preceding such elections.
 “expression unius est exclusion alterius” –
the qualifications provided cannot be
reduced or increased.
 Citizenship Retention and Re-acquisiton
Act of 2003 - Natural-born Filipino citizen
who had been naturalized in a foreign
country and who intends to become a
Filipino citizen again, must take the OATH
OF ALLEGIANCE. Renouncing the
previous foreign citizenship.
Age of presidents according to previous
constitutions:
1935 Constitution – 40 Years old
1973 Charter – 50 Years old
- More maturity was needed for the
highest office in the land.
III. ELECTION AND PROCLAMATION
- President & VP are elected by direct vote
from the people.
Created by the Supreme Court. Provides
for its members the authority of the
chairman to appoint confidential
employees to establish a separate
“Administrative Staff of the Tribunal”
 MACALINTAL vs PESIDENTIAL
ELECTORAL TRIBUNAL – challenged
the constitutionality of PET.
- The Petitioner contested that it is illegal
and unauthorized as it exercises quasi-
judicial functions as specified in a prev.
case, Buac v Comelec. That states, any
member of the Supreme Court shall not
be designated to any agency performing
quasi-judicial or administrative functions.
Ruling: The Supreme Court has original
jurisdiction to decide presidential and vp
election while currently acting as an
independent electoral tribunal as it was
already constitutionalized before 1987
Constitution.
IV. TERM
Sec. 3 – Elected by direct vote of the people
- 6 years in office (noon of June 13)
- No President shall be re-elected
- No president who served more than 4
years shall be qualified for re-election.
e.g. Gloria Macapagal Arroyo
V. THE VICE PRESIDENT
- Shall be directly voted by the people
- 6 years in term
- Can be removed by impeachment
- Eligible for a position in the Cabinet,
when appointed no need confirmation
from COA.
- Cannot serve for more than 2 successive
terms, SEC 4(2) “can be re-elected”
- If there is a vacancy in the office of the
VP during the term for which he was
elected, the president shall nominate
among the members of the senate who
shall assume after confirmation by a
majority of vote, SEC 9
VI. PRESIDENTIAL SUCCESSIONS
- SEC 7 “Vacancies occurring BEFORE
THE PRESIDENT’S TERM”
 If during the presidency the president
failed to qualify, the VP shall act as
president until the president elect shall
be qualified/ chosen.
 If president dies, VP shall assume office.
 If both President or VP does not qualify
or died, Senate President shall assume.
 If Senate President dies, Speaker of the
House of Representatives shall assume.
 Until President or Vice President shall
have been chosen or qualified.
- SEC 8 “Vacancies occurring
AFTERWARDS”
 In case of death, permanent disability,
removal from office or resignation, VP
shall serve the unexpired term.
 President – VP –
 Senate President – Speaker of House of
Rep. (shall act as Presidents until a
president and vice president shall have
been elected and qualified)
Reasons for vacancies:
1. Death
2. Permanent Disability (e.g. incurable
insanity)
3. Removal
4. Resignation
VII. OATH OF OFFICE
- Taking of oath marks the formal
assumption of his duties.
- Deepens the sense of responsibility of
the President and ensure more
conscientious discharge of his office.
- Preserves and Protects the Consitution
(SEC. 5)
VIII. PERQUISITES AND INHIBITIONS
PERQUISITES
(ART VII – SEC 6)
- Shall have an official residence
- Salary of the president is determined by
law and shall not be decreased during
their tenure.
- No increase until after the expiration of
the term.
- Cannot receive during their tenure any
other emolument from the government or
any other source. (any profit arising from
office or employment)
INHIBITIONS
(ART VII – SEC 13)
- President, VP, Members of the Cabinet
with their deputies/assistants shall not,
unless otherwise hold any other office or
employment during their tenure.
- They cannot directly/indirectly practice
any other profession
- Cannot participate in any business
- Cannot be financially interested in any
contract, franchise, or special privilege
granted by the Government.
IX. EXECUTIVE PRIVILEGE
1. Chief Executive Privilege
 2. Informer’s Privilege - Has the power
to withhold information from
Congress, the courts, and the public.
- High profile cases

3. Privilege accorded to presidential

communications – presumed
privileged without distinguishing
matters that involves national security
to protect the independence of
decision making of the branches
involved

4. Deliberative Process Privilege –

documents reflecting advisory
opinions, recommendations and
deliberations comprising part of a
process by which governmental
decisions and policies are formulated

5. Diplomatic Negotiations Privilege –

exchange of exploratory ideas
between negotiating parties away
from public view.

6. Presidential Communications
Privilege – decision making of the
president rooted in the constitution

- The protected communication must be

quintessential and non-delegable
- Communication must be authored or
solicited and received

X. PRESIDENTIAL IMMUNITY

- During the actual tenure of the office or

incumbency of the president he may not
be sued in any civil or criminal case
- It will degrade the dignity of the high
office of the President
- He is free from any harassment,
hindrance of distractions.