Article VII, Philippine Constitution

Qualification of President and

Vice-President
1. Natural-born citizen of the
Philippines
2. Registered voter
3. Able to read and write
4. At least forty (40) years of age on
the day of the election
5. Resident of the Philippines for at
least ten (10) years immediately
preceding such election
Election (Art. VII, Sec. 4)
 Direct Voting
 a. Regular – second Monday of May every
 six years
 b. Special- in cases of
 i. Death, permanent disability,
 removal from office or resignation of both the President and
 the Vice President
 ii. Vacancies occur more than eighteen
 months before the next regular
 presidential election;
 iii. Law passed by Congress calling for a
 special election to elect a President and
 a Vice President to be held not earlier
 than 45 days nor later than 60 days from
 the time of such call. (Art. VII, Sec.10)
Election by Congress

in case of a tie, the President and Vice-

President shall be chosen by a vote of a
majority of all the members of Congress in
session assembled. (Art. VII, Sec. 4[5])
Term of Office (Art. VII, Sec.
4)

TERM OF OFFICE
Period, duration or length of time during which an
officer may claim to hold the office as of right, and
fixes the interval after which the several
incumbents shall succeed one another
Fixed by law
TENURE OF OFFICE
Period during which the incumbent actually holds
the office
Not fixed; maybe shorter for reasons within or
beyond the power of the incumbent
Term of President and Vice-President is six (6)
years to
commence at noon on the 30th day of June
following the day of the election and shall end
at noon of the same date six (6) years
thereafter. (Art. VII, Sec. 4[1])
POWERS OF THE PRESIDENT
EXECUTIVE POWER – power to enforce and
administer laws.
Different Powers of the President
1. Appointment Power (Art. VII, Sec.
16)
2. Removal Power (implied from the
power to appoint)
3. Control Power (Art. VII, Sec. 17)
4. Take-Care Clause (Art. VII, Sec. 17,
2nd sentence)
5. Military Power (Art. VII, Sec. 18)
6. Pardoning Power (Art. VII, Sec. 19)
7. Borrowing Power (Art. VII, Sec. 20)
8. Diplomatic Power (Art. VII, Sec. 21)
9. Budgetary Power (Art. VII, Sec. 22)
10. Informing Power (Art. VII, Sec. 23)
11. Residual Powers
Other Powers
a. Call Congress to a special session(Art. VI, Sec.
15)
b. Approve or veto bills (Art. VI,Sec. 27)
c. Deport aliens (Qua Chee Gan v. The
Deportation Board, G.R. No. L-10280, September
30, 1963)
d. Consent to deputization of government
personnel by COMELEC [Art. IX-C, Sec. 2[4])
e. Discipline such deputies (Art.IX-C, Sec. 2[8])
f. General supervision over local government units
and autonomous regional governments (Art. X)
g. Emergency and tariff powers(Art. VI, Sec. 23[2])
Appointment Powers(Art VII,
Sec 16)
definition- Appointment is the selection, by
the authority vested with the power, of an
individual who is to exercise the functions of a
given office.
Appointment vs. Designation
APPOINTMENT-Selection of individual who will
exercise function of a given office
DESIGNATION- Imposition of new or additional
duties on officer already in the government
service
Appointments are
Vested in the President

i. With the consent of the Commission on

Appointments
i.1.Heads of executive departments
i.2.Ambassadors and other public
ministers and consuls
i.3.Officers of the AFP from the rank of
colonel or naval captain
i.4.Other ministers whose appointments
are vested in him by the Constitution
ii. Prior recommendation or nomination by the
Judicial and Bar Council
ii.1. Members of the Supreme Court and
all lower courts (Art. VIII, Sec. 9)
ii.2. Ombudsman and his 5 deputies
iii. Requiring nominations by multi-sectoral
groups
iii.1. Regional consultative commission
(Art. X, Sec. 18)
iii.2 Party-list representatives, before
the Party-List Law (Art. XVIII, Sec.7)

iv. Appointment of Vice-President as member

of the Cabinet
v. Appointment solely by the President
v.1.Those vested by the Constitution on
the President alone;
v.2. Those whose appointments are not
otherwise provided for by law;
v.3. Those whom he may be authorized
by law to appoint;
v.4. Those other officers lower in rank
who appointment is vested by law in the
President alone.
d. Kinds of Presidential Appointees
i. Regular – made during the sessions of
Congress
ii. Ad Interim – made during a recess of the
Congress
Regular- made during legislative session
Made only after the nomination is confirmed
by Commission on Appointments
Once confirmed, appointment continues until
the end of the term of appointee
Ad Interim – made during recess
Made before such confirmation by the
Commission on Appointments
Ceases to be valid if disapproved by the CA or
upon next adjournment of Congress.
Kinds of Appointment in the Career Service
i. Permanent – extended to persons
possessing the requisite eligibility and
protected by the constitutional provision on
security of tenure
ii. Temporary – given to person without such
eligibility, revocable at will and without the
necessity of just cause or valid investigation.
Appointing Procedure for Officials Needing
Confirmation by the Commission on
Appointments
i. Nomination by the President;
ii. Confirmation by the Commission on
Appointments
iii. Issuance of commission
iv. Acceptance by appointee (either express
or implied)
Limitations on the Appointing Power of the
President
i. Appointments made by an acting President
shall remain effective unless revoked within
90 days from assumption of office by elected
President (Art. VII, Sec.14)
ii. President or acting-President shall not
make appointments except temporary ones to
executive positions 2 months immediately
before next Presidential elections and up
tothe end of his term. Only when continued
vacancy will prejudice public service or
endanger public safety (Art.VII, Sec. 15)
iii. The spouse and relatives by consanguinity
or affinity within the 4th civil degree of the
President shall not, during his tenure be
appointed as:
 members of the Constitutional Commissions
 member of the Office of the Ombudsman
 Secretaries Undersecretaries Chairman or
heads of bureaus or offices, including GOCC
and their subsidiaries. (Art. VII, Sec.13[2])
iv. 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 disapproval by the CA or until the next
adjournment of the Congress. (Art. VII, Sec.
16[2])
REMOVAL POWER -
a. source- implied from the power to appoint.
b. Extent of the President’s Removal Power
i. As to Officers Exercising Purely
Executive Functions – President may remove
them with or without cause; Congress may not
restrict such power
ii. As to Officers Exercising Quasi-Legislative
or Quasi-Judicial
Functions – they may be removed only on
grounds provided by law
iii. As to Impeachable Officers and of Lower
Courts – removal power is not available
iv. As to Civil Service Officers – President may
remove them only for causes provided by law
CONTROL POWER (Art. VII, Sec. 17)
a. Control vs. Supervision (Mondano v.
Silvosa, 97 Phil. 143)
CONTROL-Power of an officer to alter, modify,
annul or set aside what a subordinate officer
had done in the performance of his duties and
to substitute the judgment of the former for
that of the latter
SUPERVISION-Overseeing or power or
authority of an officer to see that subordinate
officers perform their duties.
Doctrine of Qualified Political Agency(Alter
Ego Principle) – 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. (Villena v. Secretary of
the Interior, 67 Phil 451)
THE “TAKE-CARE” CLAUSE
a. Scope- Function of the President to see that
the laws are faithfully executed is more of a
duty than a power, to be discharged by him
personally and through subordinates under his
control or supervision (Art. X, Secs. 4 and 16)
Faithful Execution Clause - until and unless a
law is declared unconstitutional, President has
a duty to execute it regardless of his doubts
as to its validity
THE MILITARY POWER

a. Scope
i. Command of the Armed Forces
ii. Suspension of the Privilege of Writ of
Habeas Corpus
iii. Declaration of Martial Law
Limitations:
Safeguards on the Exercise of the President’s
Power to Proclaim Martial Law:
i. There must be actual invasion or rebellion
ii. The duration of the proclamation shall not
exceed sixty days
iii. Within 48 hours, the Presidents shall report his
action to Congress. If Congress is not in session, it
must convene within 24 hours
iv. Congress may by majority vote of all its
members voting jointly revoke the proclamation,
and the President cannot set aside the revocation
v. By the same vote and in the same manner,
upon initiative of the President, congress may
extend the proclamation if the invasion or
rebellion continues and public safety requires
the extension
vi. The Supreme Court may review the factual
sufficiency of the proclamation, and the
Supreme Court must decide the case within
thirty days from the time it was filed
vii. Martial law does not automatically
suspend the privilege of the writ of habeas
corpus or the operation of the Constitution. It
does not supplant the functioning of the civil
courts and of congress. Military courts have
no jurisdiction over civilians where civil courts
are able to function
How Proclamation of Martial Law or
Suspension of Privilege of Writ of Habeas
Corpus is lifted
i. By the President himself
ii. Revocation by Congress
iii.Nullification by the Supreme Court
iv.Operation of law after 60 days
State of Rebellion
 The President has full discretionary powers to
declare a state of
rebellion. The Court may only look into the
sufficiency of the factual basis of the exercise
of this power.
(Lacson v. Perez, 357 SCRA 756)
 When the President calls the armed forces to
prevent or suppress lawless violence, invasion
or rebellion, he necessarily exercises a
discretionary power solely vested in his
 intent of the framers and from the text of the
Constitution itself. The Court, thus, cannot be
called upon to overrule the President’s
wisdom or substitute its own. However, this
does not prevent an examination of whether
such power was exercised within permissible
constitutional limits or whether it was
exercised in a manner constituting grave
abuse of discretion. (IBP v. Zamora, G.R. No.
141284, August 15, 2000)
Warrantless Arrests During State of Rebellion
 In quelling or suppressing the rebellion, the
authorities may only resort to warrantless
arrests of persons suspected of rebellion, as
provided under Section 5, Rule 113 of the
Rules of Court, if the circumstances so
warrant. (Lacson v. Perez, 357 SCRA 756)
PARDONING POWER

Pardon is an act of grace which exempts

individual on whom it is bestowed from
punishment which the law inflicts for a crime
he has committed. Power is discretionary,
may not be controlled by the legislature or
reversed by the court, unless there is a
constitutional violation.
Kinds of Pardon-Plenary or partial and
Absolute or conditional
Commutation – reduction or mitigation of the
penalty
Reprieve – postponement of sentence or stay
of execution.
Parole – release from imprisonment, but
without full restoration of liberty, as parolee is
in the custody of the law although not in
confinement.
Amnesty – act of grace, concurred in by the
Legislature, usually extended to groups of
persons who committed political offenses,
Probation – action of giving a convicted offender
freedom during good behavior under the supervision of
a probation officer
Difference:
PARDON-Granted at any time after final judgment of
conviction, granted by the President; Exoneration;
grantee is released from custody; Granted for any
crime; Sentence and effects, including accessory
penalties, are abolished upon grant
PAROLE-Only after service of the minimum sentence
By the Board of Pardons and Parole; Still remains in
legal custody; Crime may not be against security of the
State; Restoration to civil rights takes place only after
final discharge
Pardon vs. Amnesty
Pardon-for Common crimes, given to
Individuals; after conviction(final judgment);
Prospective: relieves offender of the
consequences; Private act which must be
pleaded and proved; Concurrence of Congress
is not required.
Amnesty- usually for Political crimes; given to
Group, class or community; Even before trial;
Retroacts: obliterates the offense; Public act
of which the courts take judicial notice and
concurrence of Congress required.
Limitations on the Pardoning Power of the President
i. Pardon cannot be granted in cases of impeachment
or legislative contempt
ii. In cases of pardon of election offenses, the
recommendation of COMELEC is necessary
iii. Pardon can be granted only after conviction by final
judgment
iv. In cases of conditional pardon, there must be
acceptance on the part of the grantee
v. Pardon does not extinguish civil liability
vi. Pardon does not extinguish civil contempt
vii. Pardon does not restore the right to a public office
unless the ground is innocence
viii.Partial pardon does not extinguish the
penalties which are not subject of the pardon
ix. In case of amnesty, concurrence of a
majority of all members of Congress is
necessary
BORROWING POWER (Art. VII, Sec. 20)
 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.
Monetary Board shall submit to Congress
report on loans within 30 days from end of
every quarter.
DIPLOMATIC POWER (Art. VII, Sec. 21)
 No treaty or international agreement shall be
valid and effective unless concurred in by at
least 2/3 of all members of Senate.
BUDGETARY POWER (Art. VII, Sec. 22)
 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.
INFORMING POWER (Art. VII, Sec. 23)
 President shall address Congress at the
opening of its regular session (State of the
Nation Address). President may also appear
before it at any other time.
RESIDUAL POWER
 Whatever is not judicial, whatever is not
legislative, is residual power exercised by the
President (Marcos v. Manglapus, 178 SCRA
760)
PRESIDENTIAL VETO (Art. VI, Sec. 27)
a. Different Forms of Veto
i. Message Veto - when the President
disapproves a bill, he shall return it to the
House where the bill originated together with
his VETO MESSAGE, which explains his objects
to the bill, which message shall be entered in
the Journal within 30 days after receipt.
Pocket Veto - non-approval of a legislative act
by the President, with the result that it fails to
become a law. No pocket veto in the
Legislative Veto - a legislative veto provides
that a law takes effect by the legislature’s
inaction. A legislative veto is unconstitutional
because the Constitution provides the
procedure on how a law must be passed, thus
requiring an affirmative act for a bill to
become a law.
 As a general rule, if the President
disapproves a bill enacted by Congress, he
should veto the entire bill. He is not allowed to
separate items of a bill.
Exception: Item-veto in the case of
appropriation, revenue, and tariff bills is
EMERGENCY POWERS (Art. VI,
Sec. 23[2])
a. Conditions for the Exercise of the President of
Emergency Powers
i. There must be a war or other national emergency
ii. There must be a law authorizing President to
exercise emergency powers
iii. Exercise must be for a limited period
iv. Must be subject to restrictions that Congress may
provide
v. Exercise must be necessary and proper to carry out
a declared national policy “Other national emergency”
may include rebellion, economic crisis, pestilence or
epidemic, typhoon, flood, or other similar catastrophe
of nationwide proportions or effect.