ARTICLE VII.

THE EXECUTIVE DEPARTMENT

Section 1. EXECUTIVE POWER
Scope:
1)

Executive power is vested in the President of the Philippines.

2) The scope of this power is set forth in Art. VII of the Constitution. But
this power is not limited to those set forth therein. The SC, in Marcos v.
Manglapus, referred to the RESIDUAL powers of the President as the Chief
Executive of the country, which powers include others not set forth in the
Constitution. EXAMPLE: The President is immune from suit and criminal
prosecution while he is in office.
3) Privilege of immunity from suit is personal to the President and may
be invoked by him alone. It may also be waived by the President, as when
he himself files suit.
4) BUT The President CANNOT dispose of state property unless
authorized by law.
Section 2. QUALIFICATIONS
1)

Natural-born citizen of the Philippines

2)

Registered voter;

3)

Able to read and write;

4)

At least 40 years old on the day of election

5) Philippine resident for at least 10 years immediately preceding such

election.
Note: The Vice-President has the same qualifications & term of office as
the President. He is elected with & in the same manner as the President.
He may be removed from office in the same manner as the President.
Section 4. MANNER OF ELECTION/ TERM OF OFFICE
Manner of Election
1) The President and Vice-President shall be elected by direct vote of
the people.

2) Election returns for President and Vice-President, as duly certified by

the proper Board of Canvassers shall be forwarded to Congress, directed
to the Senate President.
3) Not later than 30 days after the day of the election, the certificates
shall be opened in the presence of both houses of Congress, assembled in
joint public session.
4) The Congress, after determining the authenticity and due execution
of the certificates, shall canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed
elected.
6) In case of a tie between 2 or more candidates, one shall be chosen by
a majority of ALL the members of both Houses, voting separately. In case
this results in a deadlock, the Senate President shall be the acting
President until the deadlock is broken.
7) The Supreme Court en banc shall act as the sole judge over all
contests relating to the election, returns, and qualifications of the
President or Vice-President and may promulgate its rules for the purpose.
Term of Office
1) President
a) 6 years beginning at noon on 30 June immediately following the
election and ending at noon on the same day 6 years later.
b)

Term limitation: Single term only; not eligible for any reelection.

c) Any person who has succeeded as President, and served as such for
more than 4 years shall NOT be qualified for election to the same office at
any time.
2)

Vice-President:

a)

6 years, starting and ending the same time as the President.

b)

Term limitation: 2 successive terms.

c) Voluntary renunciation of the office for any length of time is NOT an

interruption in the continuity of service for the full term for which the
Vice-President was elected.

Section 6. SALARIES AND EMOLUMENTS

1)

Official salaries are determined by law.

2) Salaries cannot be decreased during the TENURE of the President and

the Vice-President.
3) Increases take effect only after the expiration of the TERM of the
incumbent during which the increase was approved.
4) Prohibited from receiving any other emolument from the government
or any other source during their TENURE
Sections 7-12, PRESIDENTIAL SUCCESSION
1. Vacancies at the beginning of the term
VACANCY

SUCCESSOR

President-elect fails to qualify

or to be chosen

VP-elect will be Acting President

until someone is qualified/chosen
as President.

President-elect dies or is
permanently disabled.

VP becomes President.
1.
2.

Both President and VP-elect are

not chosen or do not qualify or
both die, or both become
permanently disabled.

Senate President or
In case of his inability, the
Speaker of the House shall act
as President until a President
or a VP shall have been
chosen and qualified.

In case of death or disability of (1)

and (2), Congress shall determine,
by law, who will be the acting
President.

2. Vacancies after the office is initially filled:

VACANCY
President dies, is permanently
disabled, is impeached, or
resigns.
Both President and Vice-

SUCCESSOR
Vice-President becomes President
for the unexpired term.
1.

Senate President or

2.
President die, become
permanently disabled, are
impeached, or resign.

In case of his inability, the

Speaker of the House shall act
as President until the
President or VP shall have
been elected and qualif

3) Vacancy in office of Vice-President during the term for which he was

elected:
a) President will nominate new VP from any member of either House of
Congress.
b) Nominee shall assume office upon confirmation by majority vote of
ALL members of both Houses, voting separately. (Nominee forfeits seat in
Congress)
4)

Election of President and Vice-President after vacancy during tem

a)
Congress shall convene 3 days after the vacancy in the office of both
the President and the VP, without need of a call. The convening of
Congress cannot be suspended.
b)
Within 7 days after convening, Congress shall enact a law calling for
a special election to elect a President and a VP. The special election
cannot be postponed.
c)
The special election shall be held not earlier than 45 days not later
than 60 days from the time of the enactment of the law.
d)

The 3 readings for the special law need not be held on separate days.

e)

The law shall be deemed enacted upon its approval on third reading.

BUT: No special election shall be called if the vacancy occurs within 18

months before the date of the next presidential election.
5)

Temporary disability of the President:

The temporary inability of the President to discharge his duties may be

raised in either of two ways:
a) By the President himself, when he sends a written declaration to the
Senate President and the Speaker of the House. In this case, the Vice-

President will be Acting President until the President transmits a written

declaration to the contrary.
b) When a majority of the Cabinet members transmit to the Senate
President and the Speaker their written declaration.
(i)

The VP will immediately be Acting President.

(ii)
BUT: If the President transmits a written declaration that he is
not disabled, he reassumes his position.
(iii)
If within 5 days after the President re-assumes his position, the
majority of the Cabinet retransmits their written declaration, Congress
shall decide the issue. In this event, Congress shall reconvene within 48
hours if it is not in session, without need of a call.
(iv)
Within 10 days after Congress is required to assemble, or 12 days
if Congress is not in session, a 2/3 majority of both Houses, voting
separately, is needed to find the President temporarily disabled, in which
case, the VP will be Acting President.
6)

Presidential Illness:

a)

If the President is seriously ill, the public must be informed thereof.

b) Even during such illness, the National Security Adviser, the Secretary
of Foreign Affairs, and the Chief of Staff of the AFP are entitled to access
to the President
Section 13. DISQUALIFICATIONS
SUBJECT
President, VicePresident, Cabinet
Members, Deputies or
Assistants of Cabinet
Members

SOURCE OF DISQUALIFICATION
Prohibited from:
1. Holding any office or employment
during their tenure, UNLESS:

1.

otherwise provided in the

Constitution (e.g. VP can be appointed
a Cabinet Member, Sec. of Justice sits
on Judicial and Bar Council); or
2. the positions are ex-officio and they

do not receive any salary or other

emoluments therefor (e.g. Sec. of
Finance is head of Monetary Board).

1.

1.

1.

Practicing, directly or indirectly, any

other profession during their tenure;

Participating in any business;

Being 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
GOCCs or their subsidiaries.

N.B. The rule on disqualifications for the

President and his Cabinet are stricter than
the normal rules applicable to appointive
and elective officers under Art. IX-B, Sec. 7.
Spouses and 4th degree
relatives of the
President
(consanguinity or
affinity)

Cannot be appointed during Presidents

tenure as:

1.
2.
3.
4.
5.

Members of the Constitutional

Commissions;
Office of the Ombudsman;
Department Secretaries;
Department under-secretaries;
Chairman or heads of bureaus or
offices including GOCCs and their
subsidiaries.

N.B.
1.

If the spouse, etc., was already in any

of the above offices at the time before
his/her spouse became President,
he/she may continue in office. What is
prohibited is appointment and
reappointment, NOT continuation in
office.
2. Spouses, etc., can be appointed to the
judiciary and as ambassadors and
consuls.

Sections 14-16. POWER TO APPOINT

Principles:
1)
Since the power to appoint is executive in nature, Congress cannot
usurp this function.
2)
While Congress (and the Constitution in certain cases) may prescribe
the qualifications for particular offices, the determination of who among
those who are qualified will be appointed is the Presidents prerogative.
Scope:
The President shall appoint the following:
1)

Heads of executive departments (CA confirmation needed):

2) Ambassadors, other public ministers, and consuls (CA confirmation

needed).
3) Officers of AFP from rank of colonel or naval captain (CA confirmation
needed).
4) Other officers whose appointment is vested in him by the Constitution
(CA confirmation needed), such as:
a)

Chairmen and members of the COMELEC, COA and CSC.

b)

Regular members of the Judicial and Bar Council.

c)

The Ombudsman and his deputies;

d)

Sectoral representatives in Congress.

N.B. President also appoints members of the Supreme Court and

judges of the lower courts, but these appointments do not need CA
confirmation.

5) All other officers whose appointments are not otherwise provided for
by law; and those whom he may be authorized by law to appoint.
a)
This includes the Chairman and members of the Commission on
Human Rights, whose appointments are provided for by law NOT by the
Constitution.
b)
Congress may, by law, vest the appointment of other officers lower in
rank in the President alone or in the courts, or in the heads of
departments, agencies, boards or commissions.
c)
BUT: Congress cannot, by law, require CA confirmation of the
appointment of other officers for offices created subsequent to the 1987
Constitution (e.g. NLRC Commissioners, Bangko Sentral Governor).
d)
ALSO: Voluntary submission by the President to the CA for
confirmation of an appointment which is not required to be confirmed
does not vest the CA with jurisdiction. The President cannot extend the
scope of the CAs power as provided for in the Constitution.
Procedure:
1) CA confirmation needed:
a)

Nomination by President

b)

Confirmation by CA

c)

Appointment by President; and

d)

Acceptance by appointee.

Note: At any time before all four steps have been complied with, the
President can withdraw the nomination/appointment.
2)

No CA confirmation:

a)

Appointment; and

b)

Acceptance.

Note: Once appointee accepts, President can no longer withdraw the

appointment.
Ad-interim appointments:
1) When Congress is in recess, the President may still appoint officers to
positions subject to CA confirmation.
2) These appointments are effective immediately, but are only effective
until they are disapproved by the CA or until the next adjournment of
Congress.
3) Appointments to fill an office in an acting capacity are NOT adinterim in nature and need no CA approval.
Appointments by an Acting President:
These shall remain effective UNLESS revoked by the elected President
within 90 days from his assumption or re-assumption of office.
Limitation
1) 2 months immediately before the next Presidential elections, and up
to the end of his term, the President or Acting President SHALL NOT make
appointments. This is to prevent the practice of midnight appointments.
2)

EXCEPTION:

a)

Can make TEMPORARY APPOINTMENTS

b)

To fill EXECUTIVE POSITIONS;

c) If continued vacancies therein will prejudice public service or

endanger public safety.
Section 17. Power of Control and Supervision
Power of Control:
The power of an officer to alter, modify, or set aside what a subordinate
officer has done in the performance of his duties, and to substitute the

judgment of the officer for that of his subordinate. Thus, the President
exercises control over all the executive departments, bureaus, and offices.
The Presidents power over government-owned corporations comes not
from the Constitution but from statute. Hence, it may be taken away by
statute.
Qualified Political Agency:
1) Since all executive and administrative organizations are adjuncts of
the Executive Department, the heads of such departments, etc. are
assistants and agents of the President.
2) Thus, generally the acts of these department heads, etc, which are
performed and promulgated in the regular course of business, are
presumptively the acts of the President.
3) Exception: If the acts are disapproved or reprobated by the
President.
4) Under Administrative Law, decisions of Department Secretaries need
not be appealed to the President in order to comply with the requirement
of exhaustion of administrative remedies.
5) Qualified political agency does NOT apply if the President is required
to act in person by law or by the Constitution. Example: The power to
grant pardons must be exercised personally by the President.
Disciplinary Powers:
1) The power of the President to discipline officers flows from the power
to appoint the, and NOT from the power control.
2) BUT While the President may remove from office those who are not
entitled to security of tenure, or those officers with no set terms, such as
Department Heads, the officers, and employees entitled to security of
tenure cannot be summarily removed from office.
Power of Supervision:
1) This is the power of a superior officer to ensure that the laws are
faithfully executed by subordinates.

2) The power of the president over local government units is only of

general supervision. Thus, he can only interfere with the actions of their
executive heads if these are contrary to law.
3) The execution of laws is an OBLIGATION of the President. He cannot
suspend the operation of laws.
4) The power of supervision does not include the power of control; but
the power of control necessarily includes the power of supervision.
Section 18. COMMANDER-IN-CHIEF POWERS
Scope:
1)

The President is the Commander-in-Chief of the Armed Forces.

2) Whenever necessary, the President may call out the AFP to PREVENT
or SUPPRESS:
a)

Lawless violence;

b)

Invasion; or

c)

Rebellion.

3)

The President may also:

a)

Suspend the privilege of the writ of habeas corpus; and

b)

Proclaim a state of martial law.

Suspension of the privilege of the writ of habeas corpus and declaring

martial law;
1. Grounds
1. Invasion or
2. Rebellion; and
3. Public safety requires it.
1. The invasion or rebellion must be ACTUAL and not merely imminent.
1. Limitations:
1. Suspension or proclamation is effective for only 60 days.
1. Within 48 hours from the declaration or suspension, the President
must submit a report to Congress.
1. Congress, by majority vote and voting jointly, may revoke the same,
and the President cannot set aside the revocation.

1.

In the same manner, at the Presidents initiative, Congress can

extend the same for a period determined by Congress if:

i. Invasion or rebellion persist and

ii. Public safety requires it.
NOTE: Congress CANNOT extend the period motu propio.
1.

Supreme Court review:

i. The appropriate proceeding can be filed by any citizen.

ii. The SC can review the FACTUAL BASIS of the proclamation or
suspension.
iii. Decision is promulgated within 30 days from filing.
1.

f.

Martial Law does NOT:

i. Suspend the operation of the Constitution.

ii. Supplant the functioning of the civil courts or legislative assemblies.
iii. Authorize conferment of jurisdiction on military courts over civilians
where civil courts are able to function and
iv. Automatically suspend the privilege of the writ.
1.

Suspension of privilege of the writ:

i. Applies ONLY to persons judicially charged for rebellion or offenses

inherent in or directly connected with invasion.
ii. Anyone arrested or detained during suspension must be charged within
3 days. Otherwise he should be released.
Note: While the suspension of the privilege of writ and the proclamation
of martial law is subject to judicial review, the actual use by the President
of the armed forces is not. Thus, troop deployments in times of war is
subject to the Presidents judgment and discretion.
Section 19: EXECUTIVE CLEMENCY
Scope:
1.) The President may grant the following: [ Pa R C Re]

1.
2.
3.
4.
2.)

Pardons (conditional or plenary)

Reprieves
Commutations
Remittance of fines and forfeitures
These may only be granted AFTER conviction by final judgment.

3.) ALSO: The power to grant clemency includes cases involving

administrative penalties.
4.) Where a conditional pardon is granted, the determination of whether
it has been violated rests with the President.
Limitations:
1.)

As to scope:

Cannot be granted:
a.)

Before conviction

b.)

In cases of impeachment

c.) For violations of election laws, rules, and regulation without the
favorable recommendation of the COMELEC
d.)

In cases of civil or legislative contempt

2.)

As to effect:

a.)

Does not absolve civil liabilities for an offense.

b.) Does not restore public offices already forfeited, although eligibility
for the same may be restored.
Amnesty:
1.) An act of grace concurred in by Congress, usually extended to groups
of persons who commit political offenses, which puts into oblivion the
offense itself.
2.) President alone CANNOT grant amnesty. Amnesty needs concurrence
by a majority of all the members of Congress.

3.) When a person applies for amnesty, he must admit his guilt of the
offense which is subject to such amnesty. If his application is denied, he
can be convicted based on this admission of guilt.
4.)

Amnesty V. Pardon
AMNESTY

PARDON

Addressed to POLITICAL
offenses

Addressed to ORDINARY offenses

Granted to a CLASS of
persons

Granted to INDIVIDUALS

Need not be accepted

Must be accepted

Requires concurrence of
majority of all members of
Congress

No need for Congressional

concurrence

A public act. Subject to

judicial notice

Private act of President. It must be

proved.
Only penalties are extinguished.
May or may not restore political
rights. Absolute pardon restores.
Conditional does not.

Extinguishes the offense

itself

Civil indemnity is not extinguished.

May be granted before or

after conviction

Only granted after conviction by

final judgement

Section 20. Power to Contract or Guarantee Foreign Loans

Limitations:
(1) The President may contract or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of the Monetary
Board; and
(2) Subject to such limitations as may be provided by law.
Section 21. Foreign Relations Powers include:
(1) Power to negotiate treaties and other international agreements

(a) BUT: Such treaty of international agreement must be concurred in by

at least 2/3 of all Senators in order to be valid and effective in our country.
(b) Options of Senate when a treaty is submitted for its approval:
(i)
(ii)
(iii)

Approve with 2/3 majority;

Disapprove outright; or
Approve conditionally, with suggested amendments.

(c) If treaty is not re-negotiated, no treaty

(d) If treaty is re-negotiated and the Senates suggestions are
incorporated, the treaty will go into effect without need of further Senate
approval.
Note: While our municipal law makes a distinction between international
agreements and executive agreements, with the former requiring Senate
approval and the latter not needing the same, under international law,
there is no such distinction.
Note: The President cannot, by executive agreement, undertake an
obligation which indirectly circumvents a legal prohibition.
(e) Conflict between treaty and municipal law.
(i) Philippine court:
The later enactment will prevail, be it treaty or law, as it is the latest
expression of the States will.
(ii) International tribunal
Treaty will always prevail. A State cannot plead its municipal law to justify
noncompliance with an international obligation.
(2) Power to appoint ambassadors, other public ministers, and consuls.
(3) Power to receive ambassadors and other public ministers accredited to
the Philippines.
(4) Power to contract and guarantee foreign loans on behalf of the
Republic

(5) Power to deport aliens

(a) This power is vested in the President by virtue of his office, subject
only to restrictions as may be provided by legislation as regards the
grounds for deportation.
(b) In the absence of any legislative restriction to authority, the
President may still exercise this power.
(c) The power to deport aliens is limited by the requirements of due
process, which entitles the alien to a full and fair hearing.
BUT:

The alien is not entitled to bail as a matter of right.