Executive Department

The President

Article VII Sec 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 40 years of age on the day of the election, and a resident
of the Philippines for at least 10 years immediately preceding such election

Article VII Sec 4: The President and the Vice-President shall be elected by direct vote of the people for a
term of 6 years which shall begin at noon on the 13th day of June following the day of the election and
shall end at noon of the same date 6 years thereafter. The president shall not be eligible for any reelection.
No person who has succeeded as president and has served as such for more than 4 years shall be qualified
for election to the same office at any time.

Regular Election and Term

Article VII Sec 4: The President and the Vice-President shall be elected by direct vote of the people for a
term of 6 years which shall begin at noon on the 13th day of June following the day of the election and
shall end at noon of the same date 6 years thereafter. The president shall not be eligible for any reelection.
No person who has succeeded as president and has served as such for more than 4 years shall be qualified
for election to the same office at any time.

Article VII Sec 4 (3): Unless otherwise provided by law, the regular election for President and Vice-
President shall be held on the second Monday of May.

Article XVIII Sec 5: The six year term of the incumbent President and Vice President elected in the Feb 7,
1986 election is, for purposes of synchronization of elections, hereby extended to noon June 30, 1992.

In re: Saturnino v Bermudez (86): Allegations towards Article XVIII Sec 5 for being vague. Whether it was
Aquino-Laurel or Marcos-Tolentino. Petitioner lacks personality to sue or to bring to action since court
cant assume jurisdiction due to immunity of suit of Aquino. The legitimacy of her government is not a
justiciable matter. Thus, political question. Since her government was accepted, not only is she de facto
but she is also de jure.

Special Election and Term

Article VII Sec 10: The Congress shall, at 10 o clock in the morning of the 3 rd 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 7 days enact a law calling for a special election to elect a President and a Vice-President
to be held not earlier than 34 days nor later than 60 days from the time of such call. The bill calling such
special election shall be deemed certified under paragraph 2, Sec 26, Article VI of this constitution and
shall become law upon its approval on the 3rd reading by congress. Appropriations for the special elections
shall be charged against any current appropriations and shall be exempt from the requirements of
paragraph 4, sec 25, Article VI 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 18
months before the date of the next presidential election.
PBA v Comelec (86): Marcos held a snap election after an interview. BP883 was passed for the snap
elections. Petitioners were against the implementation of BP 883 since this would call for a special
election. Marcos will still hold office after the special election. Thus, there is no actual vacancy (See Section
IX, Article VII). Marcos letter of conditional resignation didnt create such vacancy since, again, there
wont be an actual vacancy during the election. However, even if the court said BP 883 was
unconstitutional, there was no restraining order. Campaigns started. Thus, it would only cause civil
outrage. This became a political matter since the court cant forcibly take away from the people their
collective right to either reelect the incumbent president or to vote a new one into office.

RA 9189: Oversees Voting Act of 2003. It is the prime duty of the State to provide a system of honest
and orderly overseas absentee voting that upholds the secrecy and sanctity of the ballot. Towards this
end, the State ensures equal opportunity to all qualified citizens of the Philippines abroad in the exercise
of this fundamental right. This refers to all QUALIFIED citizens of the Philippines ABROAD. There will be a
consolidated list, approved, and maintained by COMELEC. They will vote on the ACTUAL date of elections
in the Philippines. Those who failed to register under RA 8189 aka The Voters Registration Act of 1996
may apply for registration with the Election Registration Board of the city or municipality where they are
domiciled immediately prior to their departure from the Philippines, OR with the representative of the
Commission at the Philippine embassies, consulates, and other foreign service establishments that HAVE
JURISDICTION over the locality where they temporarily reside. COMELEC can create additional procedures
for the overseas absentees taking into STRICT consideration the time zones.

The registry shall be permanent unless:

9.1. When the overseas absentee voter files a letter under oath addressed to the Commission that he/she
wishes to be removed from the Registry of Overseas Absentee Voters, or that his/her name be transferred
to the regular registry of voters; or,
9.2. When an overseas absentee voter's name was ordered removed by the Commission from the Registry
of Overseas Absentee Voters for his/her failure to exercise his/her right to vote under this Act for two (2)
consecutive national elections.

Sec. 25. Joint Congressional Oversight Committee. - A Joint Congressional Oversight Committee is hereby
created, composed of the Chairman of the Senate Committee on Constitutional Amendments, Revision of
Codes and Laws, and 7 other Senators designated by the Senate President, and the Chairman of the House
Committee on Suffrage and Electoral Reforms, and 7 other Members of the House of Representatives
designated by the Speaker of the House of Representatives: Provided, That, of the seven 7 members to
be designated by each House of Congress, 4 should come from the majority and the remaining 3 from the
minority.

Principle of Double Criminality: Prohibited acts in said code shall be punishable in the Philippines.
Minimum: Prision Mayor with the operation of Indeterminate Sentence Law (only for tampering of ballots,
mail containing the ballots for overseas absentee voters, election return, desreuction, mutilation, and
manipulation thereof) and permanent disqualification to hold office and to vote Their passports will be
stamped not allowed to vote.
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.

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.

Article XVIII Section 5: Section 5. The six-year term of the incumbent President and Vice-President elected
in the February 7, 1986 election is, for purposes of synchronization of elections, hereby extended to noon
of June 30, 1992.

The first regular elections for the President and Vice-President under this Constitution shall be held on
the second Monday of May, 1992.

Pormento v Estrada: Can Estrada be reelected? Isnt he not covered by the election ban? The case was
rendered moot since the case was premature at the time of the filing (May 7 and elections were on the
10th). Furthermore, there was no TRO or write of preliminary injunction and Aquino won the May 2010
elections. The court will only decide moot-and-academic cases if:

(1) There is grave violation of the Constitution;

(2) The exceptional character of the situation and the paramount public interest involved;

(3) When the constitutional issue raised requires formulation of controlling principles to guide the bench,
the bar, and the public; and

(4) The case is capable of repetition yet evading review.

However, the case went all the way to the SC. They sustained that Estrada is not covered by Section 4,
Article VII since he is NOT an incumbent president intending to run for re-election and he DID NOT serve
the minimum of four years (which is why GMA served a little bit more than 9 years). They didnt really
decided on the case, again due to mootness and judicial restraint even if there is a possibility of repetition.

Canvassing of Election Returns

Article VII, Section 4(4-6): 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.

Canvass of Votes

Macalintal V COMELEC & Romulo: Petitioner is assailing the constitutionality of RA 9189 (Overseas
Absentee Voting Act of 2003). It is violative of the 87 constitution since it allows the registration of voters
who are immigrants or permanent residents in OTHER countries. Thus, the residency requirement goes
out of the window. Furthermore, it creates a Joint Congressional Oversight Committee of Congress. This
would give them the power to review, revise, amend, and approve the rules and regulations that the
COMELEC shall promulgate. What happens to the independence of COMELEC? Last, COMELEC is to
proclaim the winning candidates for national offices and party list representatives, INCLUDING PRESIDENT
AND VP. Its supposed to be Congress that will proclaim the winning candidate for both PRESIDENT and
VP. The SC said no since the RA is only to process QUALIFIED citizens abroad. The absentee remains
attached to his residence in the Phil. This residence is = domicile. This is not to be confused with the
residence in which he will ACTUALLY cast his ballot. Thus, Section 2 Article V is an exception to the actual
residency requirement. All qualified absentee voters will have an affidavit (although not only proof)
showing the he has not abandoned his domicile. The canvassing of votes and proclamation of winners for
President and VP will REMAIN with Congress. Court ruled that they can only review COMELEC rules if they
are in grave abuse of discretion BUT COMELEC agreed with the petitioner.

Brillantes v Comelec (2004): Petitioner seeks to declare null and void against the General Instructions for
the Electronic Transmission and Consolidation of Advanced Results in the May 10, 2004 Elections.
COMELEC authorized the automated election system (AES). It had 3 phases. Phase 2 was scrapped but
COMELEC went on with Phase 3 unofficial quick count. Drilon was against Phase 3 beyond the budget
problems. The election results will be immediately transmitted electronically in advance to the COMELEC
in Manila. This might affect the credibility of the elections because it will differ from the results obtained
from canvassing. COMELEC says its a political question. SC says that petitioner has standing to sue (tax
payer), it isnt a political question because of alleged disregard of applicability of statutory and
constitutional provisions, and that the Resolution is void. Why?

1. Resolution usurps sole and exclusive authority of Congress to canvass the votes for President and
VP.
2. The money being appropriated is not enough (It needed an extra 55M) for the project. No money
shall be paid out of the treasury except in pursuance of an appropriation made by law.
3. NAMFREL are supposed to be responsible or the unofficial counting not COMELEC
4. Omnibus Election Code does not cover latest technological devices for the unofficial tabulation
of votes. Furthermore, COMELEC supposed to notify the authorize representatives of the
accredited political parties and candidates about the devices not less than 30 days.
5. There is no constitutional basis for conducting unofficial tabulation of the results. By enacting
as such, COMELEC descends to the level of a private org and spending PUBLIC funds.
6. The unofficial results of COMELEC would really differ from the official count. The unofficial
counting has NOT YET undergone canvassing. So, of course, they would really differ.
Pimentel v Joint Committee (04): Pimentel seeks to declare the Joint Committee of Congress null and
void. He argues that with the June 11 adjournment by the 12th Congress of its last regular session, its
TERMterminated and expired on the said day, because the 12th Congress, serving from 01-04, has passed
out of legal existence. Furthermore, he added that all pending matters and proceedings terminate upon
the expiration ofCongress, relying on legislative procedure, precedent or practice as brone out by the
rules of both Houses and Congress. This is wrong. The term of the 12th Congress does NOT terminate and
expire upon adjournment of regular session of both house on June 11 because according to Sec. 15, Article
VI of the 87 Constitution, it does NOT pertain to the TERM of Congress but to tis REGULAR ANNUAL
LEGISLATIVE SESSIONS and the mandatory 30-day recess before the next regular session. Legislative
functions end upon adjournment but not non-legislative functions (Congress being the National Board of
Canvassers which is not functus officio). It cant adjourn until it has accomplished its CONSTITUTIONALLY
MANDATED task (Sec.4, Art. VII). Furthermore, even if Congress has adjourned sine die (no appointed dare
for resumption), there is no legal impediment for the Joint Committee to complete the task assigned and
transmitting the report for approval of the joint public session of BOTH Houses which may reconvene w/o
need of call by President to a special session.

Lopez v Senate: Petitioner sought to declare the 22-man canvassing panel unconstitutional since only the
plenary can canvass the votes. The SC ruled that the creation of the Joint Committee does NOT constitute
to a grave abuse of power since the decisions and final report of the Committee SHALL BE SUBJECT FOR
APPROVAL OF THE JOINT SESSION OF BOTH HOUSE. VOTING SEPARATELY. Congress has the power to
promulgate its rules for canvassing as long as it doesnt impede the constitution. Furthermore, the court
CANT RESTRICT OR LIMIT the exercise of congressional PREROGATIVES.

Electoral Tribunal for the Election of the President and Vice-President

Article VII, Section 4(7): 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.

Election Contest

Tecson v COMELEC: Petitioners assailed Fernando Poes citizenship when he filed is COC under the KNP
party since he alleged that he was a natural-born citizen. Mother was American and Father was Spanish.
He was, although, illegitimate. There was a case against his father. There it was presented that that FPJs
grandfather didnt reside in the Phil. However, this was countered when FPJ presented documents
regarding the birth of his father and properties owned by his grandfather in the Phil. COMELEC dismissed
this case for lack of merit and the motion to reconsider was also denied. Now, the petitioners go to the
SC and challenge the jurisdiction of COMELEC. The SC says it has jurisdiction of the case, Art. IX, Sec. 7 of
the 1987 Consti, "...any decision, order, or ruling of each Commission may be brought to the SC on
certiorari by the aggrieved party within 30 days from receipt of a copy thereof," and it is an exercise of
judicial power. HOWEVER, the SC does NOT have jurisdiction of a CANDIDATE. Only POST-ELECTION
contests when the candidates are the incumbent PRESIDENT and VP. Although, FPJ is a natural born citizen
(Jus soli and Jus Sanguinis). Grandpa is a Phil (he was presumed since he died in the Phil + Phil BIl 1902).

Rule 14. Election Protest. - Only the registered candidate for President or for VP who received the second
or third highest number of votes may contest the election of the President or the Vice-President, as the
case may be, by filing a verified petition with the Clerk of the Presidential Electoral Tribunal within 30 days
after the proclamation of the winner.
Carpios Dissent: The word contests should not be given a restrictive meaning. Should be understood
as referring to any matter involving the title or claim of title to an elective office, made before or after
proclamation of the winner, whether or not the contestant is claiming the office in dispute. Also talks
about how FPJ isnt a natural born since the dad never (no proof) acknowledged him as his own son.

Oath of Office

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].

Privilege and Salary Prohibtions

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.

National Amnesty Commission v COA (04): NAC was created by Ramos to receive, process and review
amnesty applications. They are composed of 7 members (chairperson, 3 reg members appointed by the
Pres. + secretaries of Justice, National Defense, and Interior and Local Government as ex officio members).
The three ex officio members turned over their responsibilities and they paid them honoraria. However,
NAC passed AO no. 2 which provides that ex officio members may designate their representatives to the
Commission and they will be entitled to per diems, allowances, bonuses, and other benefits as may be
authorized by law. Petitioner used this before COA as the resident auditor disallowed payment of
honoraria to the ex officio members. The court ruled that designation DOES NOT entail payment of
additional benefits or grant upon the right to claim the salary attached to the position. Again, the
designation does not = appointment. Furthermore, the COAs Memorandum to prevent them from
receiving compensation since its an internal and interpretative regulation or letter from COA to prevent
the President and his official family, their deputies and assistants, or their representatives from holding
multiple offices and receiving double compensation.

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.

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.

Cabinet Members

CLU v Executive Secretary (91): Cabinet Secretaries, their deputies and assistants may not hold any other
office or employment. [The Court] declared Executive Order 284 unconstitutional insofar as it allows
Cabinet members, their deputies and assistants to hold other offices in addition to their primary office
and to receive compensation therefor.

Executive Order 284: Members of the Cabinet, Undersecretaries and assistant secretaries may hold any
other office or employment in the government, including government-owned or controlled
corporations;

Allowing appointive officials to hold offices or employment in the government, and to allow them to
receive compensation therefor;

It is necessary to regulate the number of positions that a member of the Cabinet, undersecretary or
assistant secretary or other appointive officials may hold to ensure efficiency and to give meaning and
effect to the intent and spirit of the aforesaid constitutional provisions; and

It is also necessary that some government officials be made members of the boards of such
corporations.

Sec. 1. Even if allowed by law or by the primary functions of this positions, a member of the Cabinet,
undersecretary, assistant secretary or other appointive official of the Executive Department may, in
addition to his primary position, hold not more than two positions in the government and government
corporations and receive the corresponding compensation therefor: Provided, That this limitation shall
not apply to ad hoc bodies or committees, or to boards, councils, or bodies of which the President is
the Chairman.

Sec. 2. If a member of the Cabinet, undersecretary, assistant secretary or other appointive official of the
Executive Department holds more positions than what is allowed in Section 1 hereof, they must
relinquish the excess positions in favor of a subordinate official who is next in rank, but in no case shall
any official hold more than two positions other than his primary position.

Sec. 3. In order to fully protect the interests of the government in government-owned or controlled
corporations, at least one-third (1/3) of the members of the Boards of such corporations should either
be a Secretary, or undersecretary, or assistant secretary.

Sec. 4. All officials affected by this Executive Order are hereby required to submit to the Office of the
President their compliance therewith.
Dela Cruz v COA: 20 members of the NHA Board assailed a COA decision disallowing them from receiving
representation allowances and per diems for their entire tenure. The COA decision was based on the ruling
in CLU v Executive Secretary, forbidding officials from holding multiple offices and receiving additional
compensation. The petitioners claim that the ruling did not apply to them since their positions was lower
than that of assistant secretary. The Court dismissed the petition, saying that it is an ex-officio position,
not entitle the official nor their respective alternates to additional compensation. The ex-officio position
being part of the principal office, it follows that the official concerned has no right to receive additional
compensation for his services in the said position. The reason is that these services are already paid for
and covered by the compensation attached to his principal office.

PIC v Magdangal Elma (06): Petitioner seeks to declare null and void the appointments of respondent as
Chairman of Presidential Commission on Good Government and as Chief Presidential Legal Counsel. The
respondent waived any remuneration and emoluments he may receive from CPLC. Petitioner alleges that
this is against Article IX-B Section 7 (2) prohibiting elected officials to hold any other positions unless
otherwise provided by the Constitution. The court ruled that his appointments are unconstitutional since
he is occupying an incompatible office. The court cited People v Green wherein incompatibility between
two offices, as an inconsistency in the two functions where one office is NOT subordinate to the other,
nor the relations of the one to the other such as are inconsistent and repugnant, there is not that
incompatibility from which the law declares that the acceptance of the one is the vacation of the other.
In other words, PCGG is under the Executive while that is under the CPLC. As Chairman of CPLC, the
respondent has to give his legal opinion on HIS OWN ACTIONS since he is PCGG Chairman.

Article IX-B Section 7. No elective official shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall
hold any other office or employment in the Government or any subdivision, agency or instrumentality
thereof, including Government-owned or controlled corporations or their subsidiaries.

Funa v Agra (13): Petitioner challenges the constitutionality of the respondents appointment as Acting
Secretary of Justice concurrent with his position as Acting Solicitor General violative of Article VII Sec. 13
of the constitution. The court ruled that Agras dual acting positions are against the constitution. They
used CLU v Exec Sec. There is a need to prevent the concentration of power in the Executive department.
Acting and permanent doesnt matter.

Compare Prohibitions against other Officials

Article VI Section 13. No Senator or Member of the House of Representatives may hold any other office
or employment in the Government, or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his
seat. Neither shall he be appointed to any office which may have been created nor the emoluments
thereof increased during the term for which he was elected.

Article IX-A Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other
office or employment. Neither shall he engage in the practice of any profession or in the active
management or control of any business which, in any way, may be affected by the functions of his office,
nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or
privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their subsidiaries

Article IX-B Section 7. No elective official shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall
hold any other office or employment in the Government or any subdivision, agency or instrumentality
thereof, including Government-owned or controlled corporations or their subsidiaries.

Article VIII Section 12. The Members of the Supreme Court and of other courts established by law shall
not be designated to any agency performing quasi-judicial or administrative function.