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ARTICLE VII - Intro To Law

Article VII outlines the structure and powers of the Executive Department in the Philippines, led by the President. It details qualifications for the presidency, election procedures, succession protocols, and the powers granted to the President, including military, diplomatic, and budgetary authorities. The article also specifies restrictions on the President's actions and the process for appointing officials.

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8 views

ARTICLE VII - Intro To Law

Article VII outlines the structure and powers of the Executive Department in the Philippines, led by the President. It details qualifications for the presidency, election procedures, succession protocols, and the powers granted to the President, including military, diplomatic, and budgetary authorities. The article also specifies restrictions on the President's actions and the process for appointing officials.

Uploaded by

laura libusada
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Article VII: The Executive Department

- Charged with the execution and administration of a country’s laws


. In general, the executive branch sets the direction of national policy

Sec. 1: President
-The Executive power shall be vested in the President of the Philippines

Sec. 2: Qualifications
✓Natural- born Citizen
✓Registered Voter
✓Able to read and Write
✓At least 40 years old on the day of election
✓Resident for at least 10 years immediately preceding the election

Sec. 3: Vice President


✓Same Qualifications and term of office as President
✓Elected and removed in same manner as the president
✓Can be a member of Cabinet without confirmation

Sec. 4: Election and Term of office


President: Six years without re-election
No Vice President shall serve , 2 successive terms
the regular election for President and Vice-President shall be held on the second Monday
of May.

Sec. 5: Oath of affirmation


“I, do solemnly swear that I will faithfully and conscientiously fulfill my duties as
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.”
Sec. 6: Privilege and Salary

a.Privileges:
Official Residences:
Malacañang Palace
that have Immunity from suit

– Not provided in the constitution; to prevent distraction from


performance of duties

b.Salary
(Fixed by law)
Cannot be decreased during tenure (actual time he held in office) and cannot be increased
during his term (only upon expiration of the term)

- Shall not receive during tenure any other emolument from government or any other
office

Sec. 7 and 8: Assumption office and Succession


-When: June 30 (Assumption of office)

-If President elect fails to qualify, dies or is permanently incapacitated


Vice President-elect becomes the President

- If the President-elect becomes incapacitated temporarily, the Vice President-elect will


act as President until such a time that the President can assume office

-If the President, during his term, dies, gets disabled, is removed from office, or resigns,
the Vice President becomes the President

Succession in case of Vacancy:


President
– > Vice President elect will act as the president
– > Senate President
– > Speaker of the House
Sec. 9: Vacancy of the Vice President
- The President shall nominate one from the Senate and the House of Representatives
who shall assume office upon confirmation by a majority vote of all the members of the
Houses,
voting separately

Sec. 10: Special Election in Case of Vacancy


- Congress will convene without need of a call within 7 days enact a law calling for a
special election to be held not earlier than 45 days nor later than 60 days from time of
such call

Sec. 11: Acting President Ground: Inability to discharge the powers and duties of
office
How: Written declaration of the President or majority of his cabinet
“Vice-President shall assume office as Acting President“

❖Resumption of office: also, through written declaration of the President; if majority of


cabinets denies such declaration, Congress shall decide the issue if not in session,
Congress will
convene within 48 hours) within 10 days (12 days if not in session), by
2/3 vote)

Sec. 12: Illness of the President


-Public shall be informed of the state of his health
-Members of the Cabinet in charge of national security and foreign relations and Chief of
Staff of the Armed Forces not be denied access to the President during illness

Sec. 13:
Prohibitions and Inhibitions
1.No increase in salaries during the term.
2.Shall not receive
emoluments
3.Shall not hold any other office.
4.Shall not, directly or indirectly, practice any other profession, business, or be
financially interested in any other contract with franchises of the government.
5.Avoid conflict of interest in the conduct of their office
6.May not appoint spouse or relatives by consanguinity or affinity within 4th civil degree
(ART. VII, SECTIONS 6, 13)

Sec. 14 and 15 : Appointements extended by Acting President


- Effective unless revoked by the elected President within 90 days from his assumption or
reaasumption of office

- Acting President shall not make appointments two(2) months immediately before the
next presidential elections and up to the end of his term,

Except there is a Temporary appointments to executive positions when continued


vacancies therein will prejudice public service or endanger public safety

Sec. 16: Appointing Power


-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.

•Types of Appointment

1.Regular
->1. Nomination by the President
-> 2. Consent by the Commission on Appointments
-> 3.Appointment by the President)

2. Ad Interim
Voluntary - before the adjournment
Compulsory - when Congress adjourns)

3.Temporary

Sec. 17: Control


- The President shall have control of all the executive departments, bureaus, and offices.
He shall ensure that the laws be faithfully executed.
Sec. 18: The president as the Commander-in-Chief of all armed forces of the
Philippines
- 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.

Sec. 19: Grants


❖ 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.

▪ Pardon
– Executive Clemency given to convicted violators, it is given to convicts for good
behavior while serving while serving their sentence
▪ Commutation
– reducing the period of imprisonment or decreasing the fine
▪ Reprieve
– merely prolongs the final date of destiny, merely suspends the execution of death
penalty

Pardon and amnesty distinguished:

PARDON AMNESTY
- is granted by the President alone after conviction with the concurrence of Congress
before or after conviction is an act of forgiveness amnesty is the act of forgetfulness
grated for infractions of the peace of the State for crimes against the sovereignty of the
State Pardon is a private act of the President which must be pleaded and proved by the
person who claims to have been pardoned while amnesty by proclamation of the
President with the concurrence of Congress is a public act of which the courts will take
judicial notice.

Sec. 20: Borrowing Power


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.
Sec. 21: Foreign Relations:
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.

Sec. 22: Budgetary Power


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.

Sec. 23: Informing Power


The President shall address the Congress at the opening of its regular session. He may
also appear before it at any other time.

❖POWERS OF THE PRESIDENT


1.) Executive Power (Art. VII, Sec.17)
2.) Power of Appointment and Removal (Art. VII, SEC. 15)
3.) Military Powers (Art. VII, Sec. 18)
4.) Control Power (Art. VII, Sec. 17)
5.) Pardoning Power (Art. VII, Sec. 19)
6.) Borrowing Power (Art. VII, Sec. 20)
7.) Diplomatic Power (Art. VII, Sec. 21)
8.) Budgetary Power (Art. VII, Sec. 22)
9.) Informing Power (Art. VII, Sec. 23)

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