Secs.

1-2
ARTICLE 6: EXECUTIVE DEPARTMENT
Section 1: The Executive Power shall be vested in the President of the Philippines.

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.

Executive Power

- History
o 1935 Const
 Vested in the President
o 1973 Const
 President
 As head of government
 Prime Minister
 As symbolic head of state
 Marcos
 Retained his powers under the 1935 Const
 Became President and Prime Minister at the same time
o 1987 Const
 Vested in President
- Marcos v. Manglapus
o President Cory Aquino had the authority to prevent the return of Marcos even in the absence of a specific
law granting such authority
o Residual Powers of the President
 Powers so broad that it includes even those not mentioned in the Constitution
 Powers not limited to what are expressly enumerated in the Constitution
 Impliedly granted from executive powers
 Whatever power inherent in the government that’s neither legislative nor judicial is executive
- President
o Not merely empowered to enforce the laws
o Head of state and head of government
o Has powers that don’t involve the execution of law
 Residual power
 e.g. power over the country’s foreign relations

Ceremonial Functions

- President is symbolic and ceremonial as head of government

o President must always be dignified
o Must be protected

Immunity from Suit

- Ensures the President is free from hindrance and distractions in his work as Chief Executive
o Only the President may invoke immunity
- There is no provision in the Constitution granting the President immunity during his tenure
o But immunity is recognized in jurisprudence
o Judiciary still has power to declare acts of the President as void and illegal; to protect public policy
 Secs. 1-2
- President is not liable for acts done outside presidential capacity
o Provided president acted with discretion and judgment
 Judiciary determines validity of this
o Estrada v. Desierto
 Estrada’s criminal acts of bribery, plunder, and, corruption may still be tried

Executive Privilege

- Definition
o The power of the President to withhold certain types of information from the courts, the Congress, and
the public
 Info includes:
 essential military/diplomatic objectives
 info of persons who furnish info of violations of the law,
 or info about internal deliberations comprising the process by which gov decisions are
reached
o The decision itself may be released publicly
 Unless it relates to criminal, military, diplomatic, etc. matters
o Senate v. Ermita
 Sec 2(a) EO 464 enumerates info the President may withhold
 1. Conversations/correspondence between President and public officials covered by EO
464
 2. Military, diplomatic, and other national security matters which in the interest of
national security should not be divulged
 3.Information between inter-government agencies prior to the conclusion of treaties and
executive agreements;
 4. Discussion in close-door Cabinet meetings;
 5. Matters affecting national security and public order.
 Executive privilege
 Recognized with respect to information the confidential nature of which is crucial to the
fulfillment of the unique role and responsibilities of the executive branch, or in those
instances where exemption from disclosure is necessary to the discharge of highly
important executive responsibilities.
 Some matters must be kept in pursuit of public interest
 Claiming Executive Privilege
 May or may not be valid depending on the ground invoked to justify it and the context in
which it’s claimed.
o Case-by-case basis
 Must be invoked with sufficient particularity to enable Congress/Courts to determine its
legitimacy
 Executive Dept. can’t frustrate the power of Congress to legislate by refusing it information
 Exception:
o Only the President may withhold info
o Neri v. Senate GR 180643 (2008)
 Presidential Communication Privilege
 A presumptive privilege
 Subject to rebuttal/assault
o One challenging it must show good/valid reasons related to public welfare
 Secs. 1-2
The Cabinet

- An extra-constitutional creation
o Consists of heads of departments
 Forms a body of presidential advisors who meet regularly with the President
- President is the chief of administration
o Has power of control over the Cabinet
o Has power to remove them at will
- Cabinet Members
o Have no authority over the President
o Serves at the behest and pleasure of the President

Qualifications of the President and Vice-President

- Qualifications
o Natural-born citizen
 An illegitimate child of a foreign mother and Filipino father is a natural-born citizen
 If paternity is proven
o Registered voter
o Able to read and write
o At least 40 years old
 On the day of election
o Residency for 10 years
 Preceding the election
 Domiciled
 Sec. 3
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.

The Vice-President

- A President-in-reserve
o Attempts to give this position constitutional function other than being VP failed
o Shares the same qualifications and term as the President
o Elected or removed from office in the same manner
o Assumes presidency if the seat is vacancy arises
- Appointment
o May be appointed as:
 Cabinet Member
 President isn’t obliged to give VP a Cabinet position
 Other positions with executive functions
 e.g. VP Estrada was Chairman of the Presidential Anti-Crime Committed
o Needs no consent from Commission on Appointments
 Sec. 4-6
Section 4: The President and Vice-President shall be elected by direct vote of the people for a term of six years which
shall begin at noon on the thirteenth day of June next following the day of the election and shall end at noon
of the same date six years thereafter. The President shall not be eligible for any Reelection. No person who
has succeeded the President and has served as such for more than four years shall be qualified for election to
the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of the service for the full term for
which he was elected.

Unless otherwise provided by law, the regular elections for President and Vice-President shall be held on the
second Monday of May.

The returns of every election for President and Vice-President duly certified by the Board of Canvassers of
each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon
receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day
of the election, open all the certificates in the presence of the Senate and the House of Representatives in
joint public session, and the Congress, upon determination of the authenticity and due execution thereof in
the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or more shall
have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority
of all the Members of both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting En Banc, shall be the sole judge of all contests relating to the election, returns, and
qualifications of the President and Vice-President, and may promulgate its rules for the purpose.

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 and Vice-President 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.

Election of the President and VP

- Both are directly elected by the people

o Direct vote
 Sec. 4-6
Term of the President and VP

- Fixed term: 6 years

o Begins at Noon on June 30
 Following the day of the election
o Ends at Noon on June 30
 6 years after
 Excludes right to hold-over
 Either the newly elected President takes over; or
 Rule on filling vacancies in Sec. 7 becomes operative
- 1 term rule
o Presidents and VPs can’t be re-elected
o Exception:
 Paragraph 2 – VP may run for President if he succeeded the President during his term and served
as acting President for less than 4 years
 Not counted as re-election

Congress as National Board of Canvassers

- Designated by the Constitution

o Under paragraphs 4-6
- Ministerial and Executive duty to:
o Declare the newly elected President and VP
o Determine the authenticity and due execution of the returns
 From provincial and city boards of canvassers
 In a manner provided by law
 Congress devises the scope of this power
- Requires joint session
o COMELEC not involved
o May be delegated to a smaller body
 Congress must review and approve
- Election ties
o Congress has authority to break a tie in elections
 Paragraph 5
o Vote of a majority of all Members of Congress
 Voting separately

Election Controversies

- Supreme Court is the sole judge

o Has the power to correct errors on statements of votes and certificates of canvass
- Rule:
o Only 2nd and 3rd placers may contest the election
 Excludes the widow of a losing candidate
 Secs. 7-8
Section 7: The President-Elect and the Vice-President-Elect shall assume office at the beginning of their terms.

If the President Elect fails to qualify, the Vice-President-Elect shall act as President until the President-
Elect shall have qualified.

If a President shall not have been chosen, the Vice-President-Elect shall act as President until a President
shall have been chosen and qualified.

If at the beginning of the term of the President, the President-Elect shall have died or shall have become
permanently disabled, the Vice-President shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall
have died or become permanently disabled, the President of the Senate, or in case of his inability, the
Speaker of the House of Representatives shall act as President until a President or Vice-President shall
have been chosen or qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected
until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability
of the officials mentioned in the next preceding paragraph.

Section 8: In case of death, permanent disability, removal from office, or resignation of the President, the Vice-
President shall be come the President to serve the unexpired term. In case of death, permanent disability,
removal of office, or resignation of both the President and Vice-President, the President of the Senate or,
in case of his inability, the Speaker of the House of Representatives shall then act as President until the
President or Vice-President shall have been elected or qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until the President or the Vice-President shall have been
elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting
President.

Filling a Vacancy in the Presidency

- 2 sets of rules
o Section 7 – Vacancy occurs at the start of the term
 If President-Elect fails to qualify
 VP-Elect is Acting President until President-Elect is qualified
 If no President is chosen
 VP-Elect is Acting President until a President is chosen and qualified
 If President-Elect dies or becomes permanently disabled
 VP becomes President
 If both died or became disabled
 SenPres succeeds
 If SenPres is unable
o House Speaker succeeds
o Section 8 – Vacancy occurs mid-term
 If President died, disabled, removed, or resigned
 VP becomes President to serve the unexpired term
 If both died, disabled, removed, or resigned
 SenPres succeeds
 If SenPres is unable
o House Speaker succeeds
 Secs. 7-8
- Estrada v. Desierto – GR 146710-15 & 146738 (2001)
o Estrada contended he was on leave under Sec 11 Art 7
 Also claimed that GMA was merely Acting President
o SC held Estrada was no longer President
 Held Estrada as having resigned with the seat being vacant
o Totality test – based on Estrada’s statement on leaving the Palace
 There must be intent to resign
 May be oral or written
 Or implied
 The intent must be coupled by acts of relinquishment
 As long as the resignation is clear, it must be given legal effect
 Totality test applied:
 Estrada acknowledged the oath-taking of GMA as President
 He expressed that he left the palace
o For the sake of peace and in order to begin the healing process of the nation
o Didn’t state that he left due to inability
o Didn’t state he was going to re-assume presidency
 He expressed his gratitude for the opportunity to serve
o Estrada was referring to the Presidency as something of the past
 He referred to future challenges after Presidency
 He called on his supporters in the promotion of reconciliation and solidarity
o Also refers to his Presidency as a thing of the past