XII. The Executive Department. a. Qualifications a. Natural born citizen b. A registered voter c. Able to read and write d.

At least 40 years of age at the day of the election e. And a resident of the Philippines for at least 10 years immediately preceding such election. i. Bodily presence in the locality ii. An intention to remain thereanimus manendi iii. An intention to abandon the old domicile, animus non revertindi. b. Elections and Proclamation a. Unless otherwise provided by law, the election for president shall be on the second Monday of May. b. Congress in joint public session shall act as the canvassers for the position of President and Vice President. c. 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, the president of the Senate Shall not later than 30 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 execution thereof in the manner provided by law, canvass the votes. d. c. Term a. 6 years and not eligible for any reelection b. No person has succeeded as president and has served for more than four years shall be qualified for election of the same office again. c. No vice president may serve for more than two consecutive terms. d. The Vice-President a. There shall be a Vpress with same qualification as the Press and be elected like the Press and may be removed from office like the Press. The VPress may be appointed as the member of the Cabinet, and need not be confirmed. e. Presidential Succession a. In cases of inability, physical incapacity, permanently disable the next in rank shall assume the office. Vpress, Senate Press, House Speaker. b. Vacancy at the beginning of the term Death or permanent disability of the President-elect: VP-elect shall become President President-elect fails to qualify: VP-elect shall act as President until thePresidentelect shall have qualified President shall not have been chosen: VP-elect shall act as President until a President shall have been chosen and qualified. No President and VP chosen nor shall have qualified, or both shall died or become permanently disabled: The President of the Senate, or in case of his disability, the

Speaker of the House of Representatives, shall act as President until a President or a VP shall have been chosen and qualified. In the event of inability of the officials mentioned, Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or VP shall have qualified.

b. V acancy during the term i. Death, permanent disability, removal from office, or resignation of the President: VP shall become the President Estrada vs. Arroyo, G.R. No. 146738, March 2, 2001, the SC declared that the resignation of President Estrada could not be doubted as confirmed by his leaving Malacaan Palace. In the press release containing his final statement, 1. He acknowledged the oath-taking of the respondent as President; 2. He emphasized he was leaving the Palace for the sake of peace and in order to begin the healing process (he did not say that he was leaving due to any kind of disability and that he was going to reassume the Presidency as soon as the disability disappears); 3. He expressed his gratitude to the people for the opportunity to serve them as President (without doubt referring to the past opportunity); 4. He assured that he will not shirk from any future challenge that may come in the same service of the country; 5. He called on his supporters to join him in promotion of a constructive national spirit of reconciliation and solidarity. The Court declared that the elements of a valid resignation are: 1. Intent to resign; 2. Act of relinquishment. Both were present when President Estrada left the Palace. Intent to resignmust be accompanied by act of relinquishmentact or omission before, during and after January 20, 2001. f. Oath of Office a. I do solemnly swear that I will faithfully and conscientiously fulfill my duty as President/Vice President/ 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. g. Perquisites and Inhibitions a. The president, vice president, the members of the cabinet, and their deputies and assistants shall not unless otherwise provided in this constitution, hold any other office or employment during their tenure, directly or indirectly practice any other profession, participate in any business, or be financially interested in any contract with, 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. b. 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.

c. 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. d. 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. i. Shall not receive any other emolument from the government or any other source (Section 6, Article VII); ii. Shall not hold any other office or employment unless otherwise provided in the Constitution; iii. Shall not practice any other profession; iv. Shall not participate in any business; v. Shall not be financially interested in any contract with, or in any franchise, or special privilege granted by the Government, including GOCCs; vi. Shall avoid conflict of interest in conduct of office; vii. Shall avoid nepotism. (Section 13, Article VII) h. Presidential Immunity a. It simply means that the president is immune from any criminal or civil suit during his tenure. b. Even though it is not expressly provided in the constitution, during the deliberation in the constitutional commission the express provision was omitted because it is already an establish jurisprudence that the highest position of the land is immune from suit. i. Powers a. Executive Power in General i. The executive power is vested in the president of the republic of the Philippines. It is the power to enforce and administer laws. b. The Appointing Power i. 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. ii. 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. 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. iii. It carries with it power to remove Appointing Procedure: 1. Nomination by the President;

2. Confirmation by the Commission on Appointments; 3. Issuance of commission; and 4. Acceptance by appointee. Deemed complete upon acceptance. KINDS OF APPOINTMENT 1. Temporary and permanent 2. Regular when congress in session and Ad interim when congress not in session

c. The Control Power i. Section 17. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed ii. Doctrine of Qualified Political Agency or the Alter Ego Doctrine Acts of the Secretaries of executive departments when performed and promulgated in the regular course of business or unless disapproved or reprobated by the Chief Executive, are presumptively the acts of the Chief executive. d. The Take Care Clause i. ??? ii. Faithful Execution Clause iii. As Chief Executive, the President holds the steering wheel that controls the course of her governmentshe lays down policies in the execution of her plans and programs, and whatever policy, she chooses, she has her subordinates to implement them. (Chavez vs. Romulo, G.R. No. 157036, June 9, 2004) e. The Military Power i. Section 18, Article VII: ii. 1. The Commander-in-Chief ClauseTo call out the Armed forces to prevent or suppress lawless violence, invasion or rebellion. Organize courts martial for the discipline of the armed forces and create military commissions for the punishment of war criminals. f. The Barrowing Power BORROWING POWER The President may contract or guarantee foreign loans on behalf of the Republic with the concurrence of the Monetary Board, subject to such limitations as may be provided by law. The Monetary Board shall submit to the Congress report on loans within 30 days from end of every quarter g. The Diplomatic Power DIPLOMATIC/TREATY-MAKING POWER (Section 21, Article VII) No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the members of the Senate h. The Budgetary Power i. BUDGETARY POWER ii. Within 30 days from opening of every regular session, President shall submit to Congress a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

i.

j.

iii. The Congress may not increase the appropriation recommended by the President. However, its form, content, manner of preparation of the budget shall be prescribed by Congress The Informing Power INFORMING POWERState of the Nation Address (Section 23, Article VII) The President shall address Congress at the opening of its regular session (4th Monday of July). He may also appear before it at any other time. Other Powers

VETO POWER (Article VI) PARDONING POWER Exercise by the President: Discretionary; may not be controlled by the legislature or reversed by the courts unless there is violation of the Constitution RESIDUAL POWER Whatever is not judicial, whatever is not legislative, is residual power exercised by the President OTHER POWERS a. Power to call special session (Section 15, Article VI) b. Power to deport aliens c. Consent to deputization of government personnel by COMELEC d. To discipline such deputies e. By delegation from Congress, exercise emergency and tariff powers f. Conditions for the exercise of the President of Emergency Powers: a. It can be exercised only in times of war or national emergency; b. There must be a law authorizing the President to exercise emergency powers; c. It must be for a limited period; d. It must be subject to restrictions which Congress may provide; and e. It must be necessary and proper to carry out a declared national policy. g. Power to Reorganize the Office of the Presidentunder EO 292, the Administrative Code of 1987 IMPOUNDMENT POWER Impoundment refers to the refusal of the President, for whatever reason, to spend funds made available by Congress. It is the failure to spend or obligate budget authority of any type. Proponents of impoundment have invoked at least three (3) principal sources of the authority of the President. 1. authority to impound given to him either expressly or impliedly by Congress 2. the executive power drawn from the Presidents role as Commander-in-Chief 3. Faithful Execution Clause The proponents insist that a faithful execution of the laws requires that the President desist from implementing the law if doing so would prejudice public interest. An example given is when through efficient and prudent management of a project, substantial savings are made. In such a case, it is sheer folly to expect the President to spend the entire amount budgeted in the law