CONSTI LAW 1

REPORTING

SECTIONS 12-14
ARTICLE VII EXECUTIVE DEPARTMENT

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.

Sec. 12, Art. VII of the 1987 Constitution requires that the public be informed of the president’s
state of health in case of serious illness.

It also specifically states that, in such cases, the military chief and members of the Cabinet in
charge of national security and foreign relations “shall not be denied access” to the president.

It is the public's right to know; besides, the safeguarding of our national survival and security
can be irretrievably impaired if the access of those in charge of national security and foreign
relations is cut off through confabulations in the household, so that the President is kept in a
state of ignorance about a period of national danger.

I think the intention of the proponent is merely to establish a principle in general terms.

What is considered a serious illness?

But the standard I would like to suggest is one where he is not really incapacitated but seriously
inconvenienced in the conduct of his urgent duties as President.

How will the public be informed?

think we will leave the burden to the Office of the President to choose the appropriate means of
releasing information to the public.

Former President Gloria Macapagal-Arroyo also issued updates on her health condition,
particularly when she was hospitalized in June 2006 for acute diarrhea, and again in June 2009
when the Palace admitted she underwent biopsy tests after lumps were found on her breast
and groin.

Post-term, in mid-2011, Arroyo — then entangled in corruption charges — through her doctors,
updated the public constantly on her three spine surgeries, as reported by several news outlets.

The late former President Corazon Aquino, through her family, also issued regular updates on
her health condition post-term in early 2008, when it was announced that she had colon
cancer, until her demise in August 2009.

Former President Joseph “Erap” Estrada’s family and doctors also issued updates on the status
of his health after he underwent knee surgery in 2005, and again in 2009 when he
was hospitalized after having difficulty breathing.
SECTION 13

Section 13
PROHIBITIONS DURING THEIR TENURE

(1) The President, Vice-President, the Members of the Cabinet, and their deputies or assistants
shall not, unless otherwise provided in this Constitution:

a. hold any other office or employment during their tenure.

b. directly or indirectly, practice any other profession,

c. participate in any business, or

d. 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, and;

e. They shall strictly avoid conflict of interest in the conduct of their office.

PURPOSE OF PROHIBITION (par 1):

The purpose of the prohibition is to ensure that the officials mentioned will devote their full
time and attention to their official duties, prevent them from extending special favors to their
own private business which comes under their official jurisdiction, and assure the public that
they will be faithful and dedicated in performance of their functions.

Similar restrictions apply to members of Congress, these intended to stress the principle that
public office is a public trust.

PURPOSE OF PROHIBITION (par 2):

Nepotism is the practice among those with power or influence of favoring relatives, friends, or associates,
especially by giving them jobs.

PD 807 (CIVIL SERVICE DECREE)

Section 49. Nepotism.

(a) All appointments in the national, provincial, city and municipal governments or in any branch or
instrumentality thereof, including government-owned or controlled corporations, made in favor of a
relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the
persons exercising immediate supervision over him, are hereby prohibited.

As used in this Section, the word "relative" and members of the family referred to are those related within
the third degree either of consanguinity or of affinity.

(b) The following are exempted from the operation of the rules on nepotism: (1) persons employed in a
confidential capacity, (2) teachers, (3) physicians, and (4) members of the Armed Forces of the Philippines:
Provided, however, That in each particular instance full report of such appointment shall be made to the
Commission.

Section 14
Section 14 speaks about the appointing power of the acting president until a President shall
have qualified or shall have been elected and qualified in accordance with Sections 7 and 8 as
discussed.

Appointments extended by an Acting President are naturally valid and effective. However, the
elected President is given the power to revoke them. The revocation must be made within 90
days from assumption or reassumption of office. The period is deemed sufficient to enable him
to study the appointments.