THE EXECUTIVE DEPARTMENT

HERSON S. VALMORES
SMU-LAW
THE EXECUTIVE DEPARTMENT

 The Doctrine of Qualified Political Agency

 The President and the Vice President: Qualifications,
Term of Office, Election
 Presidential Perquisites
THE EXECUTIVE DEPARTMENT
RESTRICTIONS ON PRESIDENT AND VICE PRESIDENT

1. They shall not receive during their tenure any other emolument from the
Government or any other source;
2. They shall not, during their 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 of its subdivisions, agency or instrumentality
thereof, including government-owned or controlled corporations or their
subsidiaries;
3. They shall strictly avoid conflict of interest in the conduct of their office;
4. The spouse and relatives by consanguinity or affinity within the fourth
civil degree of the President shall not during their tenure be appointed as
members of the constitutional commissions, or the office of the
Ombudsman, or as secretaries, undersecretaries, chairman or heads of
bureaus or offices, including government-owned and controlled
corporations and their subsidiaries; and
THE EXECUTIVE DEPARTMENT
5. The President, Vice-President, the members of their
Cabinet, and their deputies and assistants shall not,
unless otherwise provided in this Constitution, hold
any other office or employment during their tenure,
unless otherwise provided in the Constitution.
 EXCEPTIONS:
a. Those particular instances cited in the Constitution itself,
i.e., (1) the Vice-President being appointed as a member
of the Cabinet under Section 3 (2), Article VII; (2) the Vice-
President acting as President in those instances provided
under paragraphs (2) and (3), Section 7, Article VII; and,
(3) the Secretary of Justice being ex-officio member of
the Judicial and Bar Council by virtue of Section 8 (1),
Article VIII.
THE EXECUTIVE DEPARTMENT
b. Does not apply to posts occupied by the Executive officials
specified therein without additional compensation in an
ex-officio capacity as provided by law and as required by
the primary functions of said officials' office. The reason is
that these posts do no comprise ‘any other office’ within
the contemplation of the constitutional prohibition but are
properly an imposition of additional duties and functions
on said officials.
 E.g. The President as Chairman and the Secretaries of
DND and DILG asd members of the National Secuirty
Council Secretaries of Finance and Budget sitting as
members of the Monetary Board; Secretary of
Transportation and Communications acting as Chairman
of the Maritime Industry Authority and the Civil
Aeronautics Board; Secretary of DOLE as Chairman of
POEA
THE EXECUTIVE DEPARTMENT
PRESIDENTIAL SUCCESSION

VICE PRESIDENT AS ACTING PRESIDENT

1. When the President fails to qualify
2. If, for one reason or another, the President shall not have been chosen
3. If the President is temporarily incapacitated. In cases where the
President is suffering from serious illness, 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; and
4. Whenever the President, or majority of all of the members of Cabinet
transmit to the Senate President and House Speaker a written
declaration that the President is unable to discharge the powers and
duties of his office. In such a case, the Vice President shall assume the
presidency in an acting capacity until the President shall have
transmitted a declaration that his inability ceases to exist.
THE EXECUTIVE DEPARTMENT
PRESIDENTIAL SUCCESSION

VICE PRESIDENT AS PRESIDENT

1. If the President dies
2. If the President is permanently incapacitated or
suffers from permanent disability
3. If the President is removed from office through
impeachment
4. If the President resigns
THE EXECUTIVE DEPARTMENT
 If the Vice President becomes the President, is he/she
eligible to seek for the presidency thereafter?

 What happens when there is vacancy in the office of

the Vice-President?

 What happens if there is simultaneous vacancy in the

offices of President and Vice President?