Article VII: The Executive Department

I introduced only a few amendments to the executive branch of government.

As a draft charter and as to be proposed in the House, the executive power would be
"dispersed among the President, the Prime Minister, the Cabinet, the Parliament and the
Regional Governments" in a parliamentary model.

The President would be the head of state of the federal republic, while the Prime Minister
would be the head of government. The position of vice president, meanwhile, would be
abolished.

The President on pardons, foreign loans

There are only two changes so far concerning presidential powers: a clarification on which
crimes the President can consider when pardoning convicts, and the requirement to get
Congress' approval first before contracting foreign loans, with the Monetary Board only
recommending such loans.

In our draft, however, the power to secure foreign loans was transferred to the Prime
Minister.

Existing Provisions

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant
reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment of crimes
defined by federal laws or other penal legislations or offenses prescribed in the Revised Penal Code. He shall also
have the power to grant amnesty with the concurrence of a majority of all the Members of the Federal Congress.

These powers may also be exercised by Regional Governors in appropriate cases for conviction of crimes committed
within the territorial boundaries of their respective Regions against regional laws.

Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with
the prior recommendation of the Monetary Board and concurrence of the Senate and the House of Representatives,
voting separately, prior to the signing of any document evidencing such contract of guarantee. The Monetary Board
shall, within thirty days from the end of every quarter of the calendar year, submit to the Congress a complete report
of its decisions on applications for loans to be contracted or guaranteed by the Government or government-owned
and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters
as may be provided by law.

Our Proposal

Section 17. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant
reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment. He shall also
have the power to grant amnesty with the concurrence of a majority of all the Members of the Parliament.

[...] Section 35. The Prime Minister may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by
law. The Monetary Board shall, within thirty days from the end of every quarter of the calendar year, submit to
the Parliament a complete report of its decisions on applications for loans to be contracted or guaranteed by the
Government or government-owned and controlled corporations which would have the effect of increasing the foreign
debt, and containing other matters as may be provided by law.
House subcommittee
 The President would have oversight powers, pardoning powers, the power to enter into international treaties,
and the role of commander in chief of all armed forces and head of international relations and foreign affairs,
among others.
 Among the functions of the Prime Minister would be entering into contracts (including loans) on behalf of the
government.

Other executive department-related amendments:

Another draft charter, the President should be at least 45 years old (from the current
40), Filipino citizen, must be College Graduate at least, nominated by the Assembly but still
elected by voters to a term of 5 years, and could be reelected to a second term. His executive
powers would be limited to areas of national defense and foreign affairs.

In case of a vacancy, the Senate President (or if he's unable to, the Speaker of the Federal
Assembly) would serve as the President's successor.

Our proposal
Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered
voter, able to read and write, at least forty-five (45) years of age on the day of the election, a resident of the
Philippines for at least ten years immediately preceding such election, and nominated by at least twenty percent
(20%) of all the members of the Federal Assembly, who are registered members of a registered political party or a
coalition of registered political parties or nominated by the incumbent the members of the Federal Assembly who
were elected by at least twenty-five percent (25%) of the total votes cast in the immediately preceding election for all
positions for the members of the Federal Assembly including votes of political parties under the proportional
representation system.

Section 3. The President shall be elected by direct vote of the people for a term of five (5) years which shall begin at
noon on the thirtieth (30th) day of June next following the day of the election and shall end at noon of the same
date, five (5) years thereafter. No person shall serve as President for more than two (2) consecutive terms. The
period of such service shall be counted from the date he shall have commenced to act as President.

The person, who has served as President for two (2) consecutive terms, shall not be eligible to be a candidate in any
election for any elective position.[...]

[...] Section 7. In case of death, permanent disability, removal from office, or resignation of the President,
the President of the Senate, or in case of his inability, the Speaker of the Assembly shall then act as President until
the President shall have been elected and qualified.

The Parliament may enact or amend laws to provide who shall serve as President in case of death, permanent
disability, or resignation of the Acting President. He shall serve until the President shall have been elected and
qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.

[...] Section 15. The President shall have direct and primary control of all the executive departments, bureaus, and
offices involving foreign affairs and national defense and he shall attend Cabinet meetings to preside and participate
in setting policy for the said areas of concern when those matters are in the agenda. He has authority over the Prime
Minister and the Cabinet with regard to the areas where he has been vested primary control by the Constitution.

The Prime Minister and the Cabinet

The Prime Minister – selected among members of the Assembly – would be given most of
the executive power as head of government. He would be assisted by his Cabinet, also
chosen among Assembly members, with concurrence by the Senate.
He would also be tasked to prepare the annual national budget, set the government's
agenda, and appoint heads and officers of agencies (except those concerning national
defense and foreign affairs). A House subcommittee also suggests that the power to appoint
Supreme Court justices be given to the PM.

Our proposal

Section 22. The executive power shall be exercised by the Prime Minister with the assistance of the Cabinet except
where the President shall exercise primary executive powers involving foreign affairs and national defense. The
Cabinet, headed by the Prime Minister, shall consist of the heads of ministries as provided by law. The Prime Minister
shall be the head of the government.

Section 23. The Prime Minister and the Cabinet shall be responsible to the Federal Assembly for the program of
government and shall determine the guidelines of national policy.

Section 24. 1) Upon every election for all the members of the Federal Assembly or upon the dismissal, death,
resignation, inability or disqualification of the Prime Minister, the President shall without delay nominate an incumbent
member of the Federal Assembly for the position of Prime Minister, who shall be member of the political party or
coalition of political parties representing majority of all the members of the Federal Assembly. Upon the approval by
majority vote of all the members of the Federal Assembly, the President shall appoint the nominee as Prime Minister.
In the absence of such approval by Federal Assembly, the President shall continue to nominate another member of
the Federal Assembly in accordance with this section until there is the required approval from the Federal Assembly.
[...]

Section 25. The Prime Minister shall appoint, with the concurrence of Senate, the members of the Cabinet who shall
be the heads of ministries at least a majority of whom shall come from the Federal Assembly, provided, that the
heads of ministries involving foreign affairs and national defense shall be appointed by the President. Members of the
Cabinet may be removed at the discretion of the Prime Minister except those appointed by the President who shall
serve at his discretion. No concurrence of the Senate shall be required if the appointed Cabinet member is also a
member of the Federal Assembly or the Senate.

[...] Section 33. The Prime Minister shall submit to the Parliament, within thirty 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 34. The Prime Minister shall appoint the heads of bureaus and offices, and all other officers of the
government whose appointments are not herein otherwise provided for, and those whom he may be authorized by
law to appoint except in foreign affairs and national defense. Other officers shall be appointed under the provisions of
existing laws.

House subcommittee

 The head of government shall be the Prime Minister, who with the Cabinet shall constitute the government
and exercise executive power
 The Prime Minister shall be elected by majority of all the members of the Parliament from among themselves.
 The functions of the Prime Minister shall include the following:
o Prepare the program of government
o Prepare the annual budget of the Federal Republic
o Execute all laws, lawful orders and decisions of the Federal Supreme Court
o Enter into contracts, including loans, on behalf of the government
 The Prime Minister shall appoint all heads of executive offices, including Cabinet members and police
officials from the rank of Police Director.
 The members of the Cabinet may be removed at the discretion of the Prime Minister. The Prime Minister or
any member of the Cabinet may resign from the Cabinet for any cause without vacating his seat in Parliament.
 Another House subcommittee suggests that the Prime Minister "shall nominate and with the consent of the
Commission on Appointments, appoint the Chief Justices and members of the Supreme Court and
Constitutional Court, the lower collegiate courts, the Ombudsman and his deputies, and the chairmen
and members of the constitutional commissions."
Here are provisions in the 1987 Constitution relative to the qualifications for office of the president and
the vice president and the term of office of senators.

Article VII, Section 2: “No person may be elected President unless he is a natural-born citizen of the
Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election,
and a resident of the Philippines for at least ten years immediately preceding such election.”
During the framing of the 1987 Constitution, Filipino citizens could not yet become dual citizens of the
Philippines and the United States or any country. Now, in accordance with law, Filipino citizens can
become citizens of other countries following compliance with specific requirements. However, it is
unthinkable for a Filipino to become the president of the Philippines while he/she is at the same time a
citizen of the United States. Even if that person has renounced his/her citizenship in another country and
has been a resident of the Philippines for 10 years or more prior to filing his/her candidacy for president
of the Philippines, that person cannot become the president of the Philippines. The presidency of the
Philippines is reserved for natural-born citizens of the Philippines and whose Philippine citizenship has
never been marred by citizenship in any country, even if the foreign citizenship had been renounced and
nullified.

The foregoing amendments to the 1987 Constitution can be accomplished through mechanisms under
Article XVII, titled “Amendments or Revisions,” as follows:
“Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
“(1) The Congress, upon a vote of three-fourths of all its Members.
“Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid
when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days
nor later than ninety days after the approval of such amendment or revision.”
The amendments to provisions in the 1987 Constitution relative to the qualifications for office of the
president and the vice president, and the term of office of senators, shall settle all issues that have caught
the attention of the nation and resulted in adversarial positions. More time and effort can now be focused
on other major problems facing our country.