CHAPTER 10 – EXECUTIVE DEPARTMENT (1) – Executive Power  vested in the President of the Philippines  power to enforce and administer laws

(2) – Qualifications a) natural-born citizen b) registered voter c) able to read and write d) 40 years of age e) resident of the Philippines for at least ten years  exclusive qualifications  natural-born: one who is a citizen of the PHL from birth without having to perform any act to acquire or perfect his Philippine citizenship (3) – Election and Proclamation  President and VP are elected by direct vote of the people  person having the highest number of votes shall be proclaimed elected  in case of two having an equal number of votes – chosen by a vote of majority of all the members of both houses of congress voting separately  SC: sole judge of all contests relating to the election, returns and qualifications of the President or VP (4) – Terms  President and VP shall have a term of six years  President shall not be eligible for any reelection  A 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  President can be reelected provided this is not done immediately following his first term  VP same qualifications and term of office  VP may be appointed as a Member of the Cabinet (no confirmation necessary)  No VP shall serve for more than two successive terms (voluntary renunciation – not considered as an interruption)  Vacancy in the office of the VP – the President shall nominate a VP from among the members of the Senate and the HoR (confirmation by a majority vote – both houses voting separately) (7) – Presidential Succession a) death or permanent disability of the President – VP-elect shall become President b) failure to elect the President – VP shall merely act as President c) failure to the President-elect to qualify – VP shall merely act as President (8) – Presidential Succesion (vacancy)

he shall reassume the powers and duties of his office i) majority of the members of the cabinet transmits a written declaration within 5 days to the SP and Speaker of the House that the President is unable to discharge the powers and duties of his office – Congress shall decide on the issue within 48 hours ii) within 10 days after the receipt (in session) or 12 days after it is required to assemble (not in session) – determines by a 2/3 vote of both houses voting separately that the President in unable to discharge said powers and duties – VP shall act as President (12) – Public information to the President’s health  in case of serious illness of the President. vacancies occurring in the office of the President during his incumbency a) death b) permanent disability c) removal d) resignation  VP shall become President (11) – Presidential Succession  President transmits to the Senate President and Speaker of the House a written declaration that he is unable to discharge the powers and duties of his office – VP shall act as Acting President (discharge said powers and duties)  majority of all the members of the Cabinet transmits the written declaration – VP shall immediately assume the powers and duties as Acting President  President transmits a written declaration that no inability exists. the public shall be informed of the state of his health  people not denied access to the President during such illness: a) Members of the Cabinet in charge of national security and foreign relations b) Chief of Staff of the AFP (10) – Vacancy in both offices of the President and VP  Congress: 10 o’clock in the morning of the third day after the vacancy of both offices: a) within 7 days enact a law calling for a special election b) special election is to be held not earlier than 45 days nor later than 60 days from the time of such call c) bill calling for a special election shall become effective after the third reading d) no special elections shall be called if the vacancy occurs within 18 months before the date of the next presidential elections (5) – Oath of Office (6) – Perquisitie and Inhibitions  benefits/advantages over the regular income a) official residence .

b) salaries determined by law shall not be increased/decreased during their tenure c) shall not receive any other emolument from the government or any other source  spouse and relatives by consanguinity of affinity within the 4th civil degree of the President shall not be appointed as: a) members of the constitutional commissions b) office of the ombudsman c) secretaries. undersecretaries. chairmen or heads of bureaus/offices Presidential Immunity  immunity of the President from civil damages covered only official acts .


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