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SECTION 1.

Constitution vests executive power to the


President of the Philippines,
as the Head of State,
and Commander-in-Chief of the Armed
Forces of the Philippines.

As Chief Executive, the President of the


Philippines exercises control over all the
executive departments, bureaus, and
offices.
President of the Philippines
 The President of the Philippines is elected by direct
vote by the people for a term of six years. He may only
serve for one term and is ineligible for reelection. The
term of the President of the Philippines starts at noon of
the 30th day of June after an election is held.

 In case of tie between candidates (President/Vice


President) →Election of Congress by a vote of a
majority of all the Members of Congress in session.
SECTION 2.
 The qualifications for an individual to
aspire for the Presidency of the
Philippines are outlined in Article VII,
Section 2 of the Constitution. According
to the Constitution, an individual may
become President provided he meets the
following criteria:
Qualifications:

 Natural born Filipino


 A registered voter
 Must be able to read and write
 40 years of age at the day of the election
 Must have resided in the Philippines ten years
before the election is held
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.
Vice President of the Philippines

 The Vice President of the Philippines is


elected by direct vote by the people for a
term of six years and may run for re-
election once. The term of the Vice
President of the Philippines starts at noon
of the 30th day of June after an election
is held.
Duties of the Vice President
 According to the Constitution, the Vice
President may concurrently assume a cabinet
position should the President of the
Philippines offer him one. The Vice President
will become a Secretary concurrent to his
position of Vice President.
 Aside from the Cabinet post, the Vice
President is mandated to assume the
Presidency in case of the death, disability, or
resignation of the incumbent President.
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.)
SECTION 6.
 The President shall have an official residence.
The salaries of the President (P120,000.00/m)
and Vice-President (P103,000.00/m) 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.
SECTION 7.
 The President-elect and the Vice-
President-elect shall assume office at the
beginning of their terms.
SECTION 8.
 The Congress shall, by law, provide
who shall serve as a President in case of
death, permanent disability, or
resignation of the Acting President. He
shall serve until the President or Vice-
President shall have been elected and
qualified, and be subject to the same
restrictions of powers and
disqualifications as the Acting President.
Line of Succession
The Constitution provides for a line of succession in
the event that the elected President of the Philippines is
not able to discharge the duties of his office due to
death, disability, or resignation. The following is the line
of succession:
1. Vice President– in cases of the death, disability, or
resignation of the President
2. Senate President – in cases of the death, disability, or
resignation of the President and Vice President
3. Speaker of the House of Representatives – in cases of
the death, disability, or resignation of the President, Vice
President, and Senate President
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 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.
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 the
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 the eighteen months
before the date of the next presidential election.
SECTION 11.
 Whenever the President transmits to
the President of the Senate and the
Speaker of the House of the
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.
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.
SECTION 13.
 The President, the 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 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 subdivision, agency, or instrumentally thereof,
including government-owned or controlled corporations or
their subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office.
Rule on Nepotism- the President is prohibited
during his tenure from appointing his spouse,
relatives by consanguinity or affinity, except:

1. Confidential employee
2. Teachers

3. Members of the AFP

4. Physicians
SECTION 14.
 Appointments extended by an Acting
President shall remain effective, unless
revoked by the elected President within
ninety days from his assumption or re-
assumption of office.
SECTION 15.
 The President or acting President shall
not make appointments 2 months
immediately before the next presidential
elections & up to the end of his term,
except temporary appointments to
executive positions when continued
vacancies therein will prejudice public
service or endanger public safety.
SECTION 16.
Officials whose appointments are vested in the
President, with the consent of the Commissions on
Appointments:

 Heads of Executive Department


 Ambassadors
 Other public ministers and consuls
 Officers of the AFP from the rank of colonel
 Naval captain
 Other officers of the govt. whose
appointments are vested in him in the
Constitution
 All other officers of the govt. whose
appointments are not otherwise provided
for by the law
 Other officers lower in rank, in courts, or
in the heads of departments, agencies,
commissions or boards, as vested by the
Congress
Appointment is the act of
designation by the executive officer,
board, or body to whom the power has
been delegated, of the individual who is
to exercise the functions of a given office.

Kinds of Appointment
1. Regular- made during sessions
2. Ad interim - made during recess of
Congress
Powers of a Cabinet Secretary
As stated above, a Cabinet Secretary is the alter ego of the
President in their respective Departments. Thus, they posses the
power to issue directives relative to their departments, such as
department orders. These orders only apply to offices under a specific
department under the Cabinet Secretary’s jurisdiction. Cabinet
Secretaries also act as advisors to the President of the Philippines for
their areas.

Appointment of Cabinet Secretaries


Not all Cabinet members, however, are subject to confirmation
of the Commission on Appointments. According to the Commission
of Appointments website, the following need confirmation in order to
assume their posts:
1. Executive Secretary
2. Secretary of Agrarian Reform
3. Secretary of Agriculture
4. Secretary of Budget and Management
5. Secretary of Education
6. Secretary of Energy
7. Secretary of Environment and Natural
Resources
8. Secretary of Finance
9. Secretary of Foreign Affairs
10. Secretary of Health
11. Secretary of Justice
12. Secretary of Labor and Employment
13. Secretary of National Defense
14. Secretary of Public Works and Highways
15. Secretary of Science and Technology
16. Secretary of Social Welfare and Development
17. Secretary of the Interior and Local
Government
18. Secretary of Trade and Industry
19. Secretary of Transportation and
Communications
20. Secretary of Tourism
21. Commission on Higher Education
22. Director General of the National Economic
and Development Authority
SECTION 17.
 The President shall have control of all
executive departments, bureaus, and
offices. He shall ensure that laws be
faithfully executed.
SECTION 18.
Powers of the President

Besides the Constitution, the powers of the


President of the Philippines are
specifically outlined in Executive Order
no. 292 s. 1987, otherwise known as the
Administrative Code of 1987. The
following powers are:
1. Power of control over the Executive Branch
2. Power Ordinance Power
Executive Orders
Administrative Orders
Proclamations
Memorandum Orders
Memorandum Circulars
General or Special Orders
3. Power over Aliens
4. Powers of Eminent Domain, Escheat, Land
Reservation and Recovery of Ill-gotten Wealth
Power of Eminent Domain.
Power to Direct Escheat or Reversion
Proceedings.
Executive Orders. — Acts of the President providing for rules of a
general or permanent character in implementation or execution of
constitutional or statutory powers shall be promulgated in executive
orders.
Administrative Orders. — Acts of the President which relate to
particular aspects of governmental operations in pursuance of his
duties as administrative head shall be promulgated in administrative
orders.
Proclamations. — Acts of the President fixing a date or declaring a
status or condition of public moment or interest, upon the existence of
which the operation of a specific law or regulation is made to depend,
shall be promulgated in proclamations which shall have the force of
an executive order.
Memorandum Orders. — Acts of the President on matters of
administrative detail or of subordinate or temporary interest which
only concern a particular officer or office of the Government shall be
embodied in memorandum orders.
Memorandum Circulars. — Acts of the President on matters relating to
internal administration, which the President desires to bring to the
attention of all or some of the departments, agencies, bureaus or
offices of the Government, for information or compliance, shall be
embodied in memorandum circulars.
General or Special Orders. — Acts and commands of the President in
Power to Reserve Lands of the Public
and Private Domain of the
Government
Power over Ill-gotten Wealth
5. Power of Appointment
6. Power of General Supervision Over Local
Governments
7. Other Powers
Military Power
The President shall be the commander in
chief of the AFP. It enables the President to:
 Command all the AFP
 Suspend the privilege of habeas corpus
 Declare martial law
SECTION 19.
Pardoning Power of the President
(Except in cases of impeachment, or otherwise provided
in the Constitution)
Reprieves - gives a convict time to ask the court to change
his/her sentence
Commutation - reducing penalty
Pardon -(covers specific person) forgiveness for a crime.
Cannot be granted for a violation of:
 election law

 or to a person convicted of legislative contempt (disregard or


disobedience of a public authority).
Amnesty - (covers a group of people) Granted with the
concurrence of a majority of all the Member of the Congress
SECTION 20.
Borrowing Power
 Contract or guarantee foreign loan on behalf of
the Republic of the Philippines with the prior
concurrence of the Monetary Board and subject to
such limitations a may be provided by law.
SECTION 21.
Diplomatic Power
 No treaty or international agreement
shall be valid and effective unless
concurred in by at least two-thirds of all
the Members of the Senate.
SECTION 22.
Budgetary Power
 The President shall submit to the
Congress within 30 days from the
opening of every regular session, as the
basis of the general appropriations bill, a
budget of expenditures and sources of
financing, including receipts from
existing and proposed revenue measures.
SECTION 23.
Informing Power
Address the Congress at the opening of its regular
session. He may also appear before it at any other
time.
In case of serious illness
 Informed the public
 Chief of Staff of AFP shall not be denied access to
the President
 Members of the Cabinet is in charge of National
security & foreign relations
the Court said that the president
possessed “unstated residual
powers” which include the duty of
government “to serve and protect
the people” as well as to see to the
“maintenance of peace and order,
the protection of life, liberty and
property, and the promotion of the
general welfare.

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