ARTICLE VIIEXECUTIVE 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.cralaw:red
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.cralaw:red
The Vice-President may be
appointed as a Member of the Cabinet. Such appointment requires no
confirmation.cralaw:red
Section 4. The President
and the Vice-President shall be elected by direct vote of the people
for
a term of six years which shall begin at noon on the thirtieth 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
re-election. No person who has succeeded as President and has served as
such for more than four years shall be qualified for election to the
same
office at any time.cralaw:red
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.cralaw:red
Unless otherwise provided
by law, the regular election for President and Vice-President shall be
held on the second Monday of May.cralaw:red
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.cralaw:red
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.cralaw:red
The Congress shall promulgate
its rules for the canvassing of the certificates.cralaw:red
The Supreme Court, sitting
en banc, shall be the sole judge of all contests relating to the
election, returns, and qualifications of the President or
Vice-President,
and may promulgate its rules for the purpose.cralaw:red
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:chanrobles virtual law library
"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.
Section 7. The President-elect
and the Vice President-elect shall assume office at the beginning of
their
terms.cralaw:red
If the President-elect fails
to qualify, the Vice President-elect shall act as President until the
President-elect
shall have qualified.cralaw:red
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.cralaw:red
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-elect shall become
President.cralaw:red
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 a Vice-President shall have been
chosen and qualified.cralaw:red
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.cralaw:red
Section 8. In case of death,
permanent disability, removal from office, or resignation of the
President,
the Vice-President shall become the President to serve the unexpired
term.
In case of death, permanent disability, removal from 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 and qualified.cralaw:red
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.cralaw:red
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 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.cralaw:red
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 V1 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 paragraph
4,
Section 25, Article V1 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 eighteen months before the
date of the next presidential election.cralaw:red
Section 11. Whenever the
President transmits to the President of the Senate and the Speaker of
the
House of 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.cralaw:red
Whenever a majority of all
the Members of the Cabinet transmit to the President of the Senate and
to the Speaker of the House of Representatives their written
declaration
that the President is unable to discharge the powers and duties of his
office, the Vice-President shall immediately assume the powers and
duties
of the office as Acting President.cralaw:red
Thereafter, when the President
transmits to the President of the Senate and to the Speaker of the
House
of Representatives his written declaration that no inability exists, he
shall reassume the powers and duties of his office. Meanwhile, should a
majority of all the Members of the Cabinet transmit within five days to
the President of the Senate and to the Speaker of the House of
Representatives,
their written declaration that the President is unable to discharge the
powers and duties of his office, the Congress shall decide the issue.
For
that purpose, the Congress shall convene, if it is not in session,
within
forty-eight hours, in accordance with its rules and without need of
call.cralaw:red
If the Congress, within ten
days after receipt of the last written declaration, or, if not in
session,
within twelve days after it is required to assemble, determines by a
two-thirds
vote of both Houses, voting separately, that the President is unable to
discharge the powers and duties of his office, the Vice-President shall
act as President; otherwise, the President shall continue exercising
the
powers and duties of his office.cralaw:red
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.cralaw:red
Section 13. The President,
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 said
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 instrumentality thereof, including government-owned or
controlled
corporations or their subsidiaries. They shall strictly avoid conflict
of interest in the conduct of their office.cralaw:red
The spouse and relatives
by consanguinity or affinity within the fourth civil degree of the
President
shall not, during his tenure, be appointed as Members of the
Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries,
chairmen or heads of bureaus or offices, including government-owned or
controlled corporations and their subsidiaries.cralaw:red
Section 14. Appointments
extended by an Acting President shall remain effective, unless revoked
by the elected President, within ninety days from his assumption or
reassumption
of office.cralaw:red
Section 15. Two months immediately
before the next presidential elections and up to the end of his term, a
President or Acting President shall not make appointments, except
temporary
appointments to executive positions when continued vacancies therein
will
prejudice public service or endanger public safety.cralaw:red
Section 16. The President
shall nominate and, with the consent of the Commission on Appointments,
appoint the heads of the executive departments, ambassadors, other
public
ministers and consuls, or officers of the armed forces from the rank of
colonel or naval captain, and other officers whose appointments are
vested
in him in this Constitution. He shall also appoint all other officers
of
the Government whose appointments are not otherwise provided for by
law,
and those whom he may be authorized by law to appoint. The Congress
may,
by law, vest the appointment of other officers lower in rank in the
President
alone, in the courts, or in the heads of departments, agencies,
commissions,
or boards.cralaw:red
The President shall have
the power to make appointments during the recess of the Congress,
whether
voluntary or compulsory, but such appointments shall be effective only
until disapproved by the Commission on Appointments or until the next
adjournment
of the Congress.cralaw:red
Section 17. The President
shall have control of all the executive departments, bureaus, and
offices.
He shall ensure that the laws be faithfully executed.cralaw:red
Section 18. The President
shall be the Commander-in-Chief of all armed forces of the Philippines
and whenever it becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or rebellion. In case of
invasion or rebellion, when the public safety requires it, he may, for
a period not exceeding sixty days, suspend the privilege of the writ of
habeas corpus or place the Philippines or any part thereof under
martial law. Within forty-eight hours from the proclamation of martial
law or the suspension of the privilege of the writ of habeas corpus,
the President shall submit a report in person or in writing to the
Congress.
The Congress, voting jointly, by a vote of at least a majority of all
its
Members in regular or special session, may revoke such proclamation or
suspension, which revocation shall not be set aside by the President.
Upon
the initiative of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period to be determined by
the Congress, if the invasion or rebellion shall persist and public
safety
requires it.cralaw:red
The Congress, if not in session,
shall, within twenty-four hours following such proclamation or
suspension,
convene in accordance with its rules without need of a call.cralaw:red
The Supreme Court may review,
in an appropriate proceeding filed by any citizen, the sufficiency of
the
factual basis of the proclamation of martial law or the suspension of
the
privilege of the writ of habeas corpus or the extension
thereof,
and must promulgate its decision thereon within thirty days from its
filing.cralaw:red
A state of martial law does
not suspend the operation of the Constitution, nor supplant the
functioning
of the civil courts or legislative assemblies, nor authorize the
conferment
of jurisdiction on military courts and agencies over civilians where
civil
courts are able to function, nor automatically suspend the privilege of
the writ of habeas corpus.cralaw:red
The suspension of the privilege
of the writ of habeas corpus shall apply only to persons
judicially
charged for rebellion or offenses inherent in, or directly connected
with,
invasion.cralaw:red
During the suspension of
the privilege of the writ of habeas corpus, any person thus
arrested
or detained shall be judicially charged within three days, otherwise he
shall be released.cralaw:red
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.cralaw:red
He shall also have the power
to grant amnesty with the concurrence of a majority of all the Members
of the Congress.cralaw:red
Section 20. 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
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 Congress a complete report of its decision 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.cralaw:red
Section 21. 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.cralaw:red
Section 22. The President
shall submit to the Congress, 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.cralaw:red
Section 23. The President
shall address the Congress at the opening of its regular session. He
may
also appear before it at any other time.
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