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2) The scope of this power is set forth in Art. VII of the Constitution. But this
power is not limited to those set forth therein. The SC, in Marcos v. Manglapus,
referred to the RESIDUAL powers of the President as the Chief Executive of the
country, which powers include others not set forth in the Constitution.
EXAMPLE: The President is immune from suit and criminal prosecution while he
is in office.
3) Privilege of immunity from suit is personal to the President and may be
invoked by him alone. It may also be waived by the President, as when he
himself files suit.
4) BUT The President CANNOT dispose of state property unless authorized by
law.
Section 2. QUALIFICATIONS
1)
2)
Registered voter;
3)
4)
5)
Note: The Vice-President has the same qualifications & term of office as the
President. He is elected with & in the same manner as the President. He may be
removed from office in the same manner as the President.
Section 4. MANNER OF ELECTION/ TERM OF OFFICE
Manner of Election
1) The President and Vice-President shall be elected by direct vote of the
people.
2) Election returns for President and Vice-President, as duly certified by the
proper Board of Canvassers shall be forwarded to Congress, directed to the
Senate President.
3) Not later than 30 days after the day of the election, the certificates shall be
opened in the presence of both houses of Congress, assembled in joint public
session.
4) The Congress, after determining the authenticity and due execution of the
certificates, shall canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed
elected.
6) In case of a tie between 2 or more candidates, one shall be chosen by a
majority of ALL the members of both Houses, voting separately. In case this
results in a deadlock, the Senate President shall be the acting President until the
deadlock is broken.
7) The Supreme Court en banc shall act as the sole judge over all contests
relating to the election, returns, and qualifications of the President or VicePresident and may promulgate its rules for the purpose.
Term of Office
1) President
a) 6 years beginning at noon on 30 June immediately following the election and
ending at noon on the same day 6 years later.
b)
Term limitation: Single term only; not eligible for any reelection.
c) Any person who has succeeded as President, and served as such for more
than 4 years shall NOT be qualified for election to the same office at any time.
2)
Vice-President:
a)
b)
2) Salaries cannot be decreased during the TENURE of the President and the
Vice-President.
3) Increases take effect only after the expiration of the TERM of the incumbent
during which the increase was approved.
4) Prohibited from receiving any other emolument from the government or any
other source during their TENURE
Sections 7-12, PRESIDENTIAL SUCCESSION
1. Vacancies at the beginning of the term
VACANCY
SUCCESSOR
President-elect dies or is
permanently disabled.
VP becomes President.
1.
2.
Senate President or
In case of his inability, the
Speaker of the House shall
act as President until a
President or a VP shall have
been chosen and qualified.
SUCCESSOR
Vice-President becomes
President for the unexpired term.
1.
2.
Senate President or
In case of his inability, the
Speaker of the House shall
act as President until the
President or VP shall have
been elected and qualif
a)
Congress shall convene 3 days after the vacancy in the office of both the
President and the VP, without need of a call. The convening of Congress cannot
be suspended.
b)
Within 7 days after convening, Congress shall enact a law calling for a
special election to elect a President and a VP. The special election cannot be
postponed.
c)
The special election shall be held not earlier than 45 days not later than 60
days from the time of the enactment of the law.
d)
The 3 readings for the special law need not be held on separate days.
e)
The law shall be deemed enacted upon its approval on third reading.
BUT: No special election shall be called if the vacancy occurs within 18 months
before the date of the next presidential election.
5)
The temporary inability of the President to discharge his duties may be raised in
either of two ways:
a) By the President himself, when he sends a written declaration to the Senate
President and the Speaker of the House. In this case, the Vice-President will be
(ii)
BUT: If the President transmits a written declaration that he is not
disabled, he reassumes his position.
(iii)
If within 5 days after the President re-assumes his position, the
majority of the Cabinet retransmits their written declaration, Congress shall
decide the issue. In this event, Congress shall reconvene within 48 hours if it is
not in session, without need of a call.
(iv)
Within 10 days after Congress is required to assemble, or 12 days if
Congress is not in session, a 2/3 majority of both Houses, voting separately, is
needed to find the President temporarily disabled, in which case, the VP will be
Acting President.
6)
Presidential Illness:
a)
b) Even during such illness, the National Security Adviser, the Secretary of
Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the
President
Section 13. DISQUALIFICATIONS
SUBJECT
President, VicePresident, Cabinet
Members, Deputies or
Assistants of Cabinet
Members
SOURCE OF DISQUALIFICATION
Prohibited from:
1. Holding any office or employment
during their tenure, UNLESS:
1.
1.
1.
1.
1.
2.
3.
4.
5.
N.B.
1.
2)
While Congress (and the Constitution in certain cases) may prescribe the
qualifications for particular offices, the determination of who among those who
are qualified will be appointed is the Presidents prerogative.
Scope:
The President shall appoint the following:
1)
2)
b)
c)
d)
N.B. President also appoints members of the Supreme Court and judges of
the lower courts, but these appointments do not need CA confirmation.
5) All other officers whose appointments are not otherwise provided for by law;
and those whom he may be authorized by law to appoint.
a)
This includes the Chairman and members of the Commission on Human
Rights, whose appointments are provided for by law NOT by the Constitution.
b)
Congress may, by law, vest the appointment of other officers lower in rank
in the President alone or in the courts, or in the heads of departments, agencies,
boards or commissions.
c)
BUT: Congress cannot, by law, require CA confirmation of the appointment
of other officers for offices created subsequent to the 1987 Constitution (e.g.
NLRC Commissioners, Bangko Sentral Governor).
d)
ALSO: Voluntary submission by the President to the CA for confirmation of
an appointment which is not required to be confirmed does not vest the CA with
jurisdiction. The President cannot extend the scope of the CAs power as
provided for in the Constitution.
Procedure:
1) CA confirmation needed:
a)
Nomination by President
b)
Confirmation by CA
c)
d)
Acceptance by appointee.
Note: At any time before all four steps have been complied with, the President
can withdraw the nomination/appointment.
2)
No CA confirmation:
a)
Appointment; and
b)
Acceptance.
EXCEPTION:
a)
b)
2) Thus, generally the acts of these department heads, etc, which are
performed and promulgated in the regular course of business, are presumptively
the acts of the President.
3)
2) Whenever necessary, the President may call out the AFP to PREVENT or
SUPPRESS:
a)
Lawless violence;
b)
Invasion; or
c)
Rebellion.
3)
a)
b)
f.
10
2.
3.
4.
2.)
Reprieves
Commutations
Remittance of fines and forfeitures
These may only be granted AFTER conviction by final judgment.
3.) ALSO: The power to grant clemency includes cases involving administrative
penalties.
4.) Where a conditional pardon is granted, the determination of whether it has
been violated rests with the President.
Limitations:
1.)
As to scope:
Cannot be granted:
a.)
Before conviction
b.)
In cases of impeachment
c.) For violations of election laws, rules, and regulation without the favorable
recommendation of the COMELEC
d.)
2.)
As to effect:
a.)
b.) Does not restore public offices already forfeited, although eligibility for the
same may be restored.
Amnesty:
1.) An act of grace concurred in by Congress, usually extended to groups of
persons who commit political offenses, which puts into oblivion the offense itself.
2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a
majority of all the members of Congress.
3.) When a person applies for amnesty, he must admit his guilt of the offense
which is subject to such amnesty. If his application is denied, he can be
convicted based on this admission of guilt.
4.)
Amnesty V. Pardon
AMNESTY
PARDON
Addressed to POLITICAL
offenses
Addressed to ORDINARY
offenses
Granted to a CLASS of
persons
Granted to INDIVIDUALS
Must be accepted
Requires concurrence of
11
concurrence
12
The later enactment will prevail, be it treaty or law, as it is the latest expression
of the States will.
(ii) International tribunal
Treaty will always prevail. A State cannot plead its municipal law to justify
noncompliance with an international obligation.
(2) Power to appoint ambassadors, other public ministers, and consuls.
(3) Power to receive ambassadors and other public ministers accredited to the
Philippines.
(4) Power to contract and guarantee foreign loans on behalf of the Republic
(5) Power to deport aliens
(a) This power is vested in the President by virtue of his office, subject only to
restrictions as may be provided by legislation as regards the grounds for
deportation.
(b) In the absence of any legislative restriction to authority, the President may
still exercise this power.
(c) The power to deport aliens is limited by the requirements of due process,
which entitles the alien to a full and fair hearing.
BUT: