ARTICLE VII ARTICLE VII ARTICLE VII

Executive Department The President and Vice- Executive Department

President

Section 1. The executive Section 1. The President SEC 1.The executive power shall be
power shall be vested in shall be the head of state vested in the President of the
a President of the and chief executive of Philippines.
Philippines. the Republic of the
Philippines SEC. 2 No person may be elected
President unless he is a natural-born
citizen of the Philippines, a registered
Section 2.The President voter, able to read and write, at least
shall hold his office Section 2. There shall be a forty years of age on the day of the
during a term of four Vice-President who shall election, and a resident of the
years and together with have the same Philippines for at least ten years
the Vice-President qualifications and term of immediately preceding such
chosen for the same office as the President election.
term, shall be elected by and may be removed
direct vote of the from office in the same
people. The returns of manner as the President
every election for as provided in Article XIII, SEC. 3. There shall be a Vice-
President and Vice- Section 2 of this President who shall have the same
President, duly certified Constitution. The Vice- qualifications and term of office and
by the board of President may be be elected with and in the same
canvassers of each appointed as a member manner as the President. He may be
province or city, shall be of the Cabinet and may removed from office in the same
transmitted to the seat be nominated and manner as the President. The Vice-
of the National elected as Prime Minister. President may be appointed as a
Government, directed The Vice-President shall Member of the Cabinet. Such
to the President of the be elected with and in appointment requires no
Senate, who shall, in the the same manner as the confirmation.
presence of the Senate President. The President
SEC. 4. The President and the Vice-
and the House of shall be elected from
President shall be elected by direct
Representatives, open among the Members of
vote of the people for a term of six
all the certificates, and the National Assembly by
years which shall begin at noon on
the votes shall then be a majority vote of all its
the thirtieth day of June following the
counted. The person Members for a term of six
day of the election and shall end at
respectively having the years from the date he
noon of the same date six years
highest number of votes takes his oath of office,
thereafter. The President shall not be
for President and Vice- which shall not be later
eligible for any reelection. No person
President shall be than three days after the
who has succeeded as President
declared elected, but in proclamation of the
and has served as such for more
case two or more shall National Assembly, nor in
than four years shall be qualified for
have an equal and the any case earlier than the
election to the same office at any
highest number of votes expiration of the term of
time.
for their office, one of his predecessor. Upon
them shall be chosen taking his oath of office, No Vice-President shall serve for
President or Vice- the President shall cease more than two consecutive terms.
President, as the case to be a Member of the Voluntary renunciation of the office
may be, by a majority National Assembly and of for any length of time shall not be
vote of the Members of any political party. He considered as an interruption in the
the Congress in joint shall be ineligible to hold continuity of the service for the full
session assembled. any other elective office term for which he was elected.
during his term
Section 3. No person Unless otherwise provided by law, the
may be elected to the Section 3. No person may regular election for President and
office of the President or be elected President Vice-President shall be held on the
Vice-President unless he unless he is at least fifty second Monday of May. The returns
is a natural born citizen years of age at the day of of every election for President and
of the Philippines, a his election as President, Vice-President, duly certified by the
qualified voter, forty and a resident of the board of canvassers of each
years of age or over, Philippines for at least ten province or city, shall be transmitted
and has been a resident years immediately to the Congress, directed to the
of the Philippines for at preceding his election. President of the Senate. Upon receipt
least ten years However, if no Member of of the certificates of canvass, the
immediately preceding the National Assembly is President of the Senate shall, not
the election. qualified or none of those later than thirty days after the day of
qualified is a candidate the election, open all certificates in
Section 4. Elections for for President, any the presence of the Senate and the
President and Vice- Member thereof may be House of Representatives in joint
President shall be held elected President. public session, and the Congress,
once every four years on upon determination of the
a date to be fixed by Section 4. (1) The authenticity and due execution
law. President shall have an thereof in the manner provided by
official residence and law, canvass the votes.
The terms of the shall receive a
President and Vice- compensation to be fixed
President shall end at by law, which shall not be
noon on the thirtieth day increased or decreased
of December following during his term of office.
the expiration of four The person having the highest
He shall not receive
years after their election, number of votes shall be proclaimed
during his tenure any
and the terms of their elected, but in case two or more
other emolument from
successors shall begin shall have an equal and highest
the government or any
from such time. number of votes, one of them shall
other source. Until the
forthwith be chosen by the vote of a
National Assembly shall
Section 5.No person shall majority of all the Members of the
provide otherwise, the
serve as President for Congress, voting separately.
President shall receive an
more than eight
annual salary of one The Congress shall promulgate its
consecutive years. The
hundred thousand pesos. rules for the canvassing of the
period of such service
shall be counted from certificates.
(2) The President shall not
the date he shall have during his tenure, hold The Supreme Court, sitting en banc,
commenced to act as any appointive office, shall be the sole judge of all contests
President. Voluntary practice any profession, relating to the election, returns, and
renunciation of the participate directly or qualifications of the President or
office for any length of indirectly in the Vice- President, and may
time shall not be management of any promulgate its rules for the purpose.
considered as an business, or be financially
interruption in the interested directly or SEC. 5 Before they enter on the
continuity of the service indirectly in any contract execution of their office, the
of the incumbent for the with, or in any franchise or President, the Vice-President, or the
full term for which he special privilege granted Acting President shall take the
was elected. by, the government or following oath or affirmation : "I do
any subdivision, agency, solemnly swear (or affirm) that I will
Section 6. If, at the time
or instrumentality thereof, faithfully and conscientiously fulfill my
fixed for the beginning
including government- duties as President (or Vice-President
of the term of the
owned or controlled or Acting President) of the
President, the President-
corporations. Philippines, preserve and defend its
elect shall have died,
Constitution, execute its laws, do
the Vice-President-elect Section 5. In case of justice to every man, and
shall become President. permanent disability, consecrate myself to the service of
If a President shall not death, removal from the Nation. So help me God." (In
have been chosen office, or resignation of case of affirmation, last sentence will
before the time fixed for the President, the Speaker be omitted.)
the beginning of his term of the National Assembly
or if the President shall shall act as President until
have failed to qualify, a successor has been
then the Vice-President SEC. 6.
elected for the unexpired
shall act as President portion of the term of the The President shall have an official
until a President shall President. residence. The salaries of the
have qualified, and the
President and Vice-President shall be
Congress may by law Section 6. The President
provide for the case shall have the following determined by law and shall not be
wherein neither a duties and functions: decreased during their tenure. No
President-elect nor a increase in said compensation shall
Vice-President-elect (1) Address the National take effect until after the expiration
shall have qualified, Assembly at the opening of the term of the incumbent during
declaring who shall then of its regular session. which such increase was approved.
act as President, or the They shall not receive during their
(2) Proclaim the election
manner in which one tenure any other emolument from
of the Prime Minister.
who is to act shall be the Government or any other source.
selected, and such (3) Dissolve the National
person shall act Assembly and call for a
accordingly until a general election as SEC. 7.
President or Vice- provided herein.
President shall have The President-elect and the Vice-
qualified. (4) Accept the resignation President-elect shall assume office at
of the Cabinet as the beginning of their terms.
Section 7. Before he provided herein.
enters on the execution If the President-elect fails to qualify,
of his office, the (5) Attest to the the Vice-President-elect shall act as
President shall take the appointment or cessation President until the President-elect
following oath or from office of Members of shall have qualified.
affirmation : "I do the Cabinet, and of other
solemnly swear (or officers as may be If a President shall not have been
affirm) that I will faithfully provided by law. chosen, the Vice-President-elect shall
and conscientiously fulfill act as President until a President shall
(6) Appoint all officers have been chosen and qualified.
my duties as President of
and employees in his
the Philippines, preserve
office in accordance with If at the beginning of the term of the
and defend its
the Civil Service Law.(7) President, the President-elect shall
Constitution, execute its
Perform such other duties have died or have become
laws, do justice to every
and functions of State as permanently disabled, the Vice-
man, and consecrate
may be provided by law President-elect shall become
myself to the service of
President.
the Nation. So help me Section 7.The President
God." (In case of shall be immune from suit Where no President and Vice-
affirmation, last during his tenure. President shall have been chosen or
sentence will be shall have qualified, or where both
omitted) shall have died or become
permanently disabled, the President
Section 8. In the event of
of the Senate or, in case of his
the removal of the
inability, the Speaker of the House of
President from office, or
Representatives shall act as President
his death, resignation, or
until a President or a Vice-President
inability to discharge the
shall have been chosen and
powers and duties of the
qualified.
said office, the same
shall devolve on the
Vice-President, and the
Congress shall by law The Congress shall provide for the
provide for the case of manner in which one who is to act as
removal, death, President shall be selected until a
resignation, or inability, President or a Vice-President shall
both of the President have qualified, in case of death,
and Vice-President, permanent disability, or inability of
declaring what officer the officials mentioned in the next
shall then act as preceding paragraph.
President, and such
officer shall act
accordingly, until the
SEC. 8.
disability be removed, or
a President shall be In case of death, permanent
elected. disability, removal from office, or
Section 9. The President resignation of the President, the Vice-
shall have an official President shall become the President
residence and receive a to serve the unexpired term. In case
compensation to be of death, permanent disability,
ascertained by law removal from office, or resignation of
which shall be neither both the President and Vice-
increased nor diminished President, the President of the Senate
during the period of or, in case of his inability, the Speaker
which he shall have of the House of Representatives, shall
been elected, and he then act as President until the
shall not receive within President or Vice-President shall have
the period any other been elected and qualified.
emolument from the
Government or any of its
subdivisions or
instrumentalities. Until the
Congress shall provide The Congress shall, by law, provide
otherwise, the President who shall serve as President in case
shall receive an annual of death, permanent disability, or
salary of thirty thousand resignation of the Acting President.
pesos. The Vice- He shall serve until the President or
President, when not the Vice-President shall have been
acting as President, shall elected and qualified, and be
receive an annual subject to the same restrictions of
compensation of fifteen powers and disqualifications as the
thousand pesos until Acting President.
otherwise provided by
law.

Section 10.(1) The SEC. 9.

President shall have
Whenever there is a vacancy in the
control of all executive
Office of the Vice-President during
departments, bureaus or
the term for which he was elected,
offices, exercise general
the President shall nominate a Vice-
provision over all local
President from among the Members
governments as may be
of the Senate and the House of
provided by law, and
Representatives who shall assume
take care that the laws
office upon confirmation of a
be faithfully executed.
majority vote of all the Members of
(2) The President shall be both Houses of the Congress, voting
commander-in-chief of separately.
all armed forces of the
Philippines, and,
whenever it becomes SEC. 10.
necessary, he may call
out such armed forces The Congress shall, at ten o'clock in
to prevent or suppress the morning of the third day after the
lawless violence, vacancy in the offices of the
invasion, insurrection, or President and Vice-President occurs,
rebellion. In case of convene in accordance with its rules
invasion, insurrection, or without need of a call and within
rebellion or imminent seven days enact a law calling for a
danger thereof, when special election to elect a President
the public safety and a Vice-President to b held not
requires it, he may earlier than forty-five days nor later
suspend the privilege of than sixty days from the time of such
the writ of habeas call. The bill calling such special
corpus, or place the election shall be deemed certified
Philippines or any part under paragraph 2, Section 26,
thereof under Martial Article VI of this Constitution and shall
Law. become law upon its approval on
third reading by the Congress.

(3) The President shall

nominate and with the Appropriations for the special
consent of the elections shall be charged against
Commission on any current appropriations and shall
Appointments, shall be exempt from the requirements of
appoint the heads of paragraph 4, Section 25, Article VI of
the executive this Constitution. The convening of
departments and the Congress cannot be suspended
bureaus, officers of the nor the special election postponed.
Army from the rank of No special election shall be called if
colonel, of the Navy and the vacancy occurs within eighteen
Air Forces from the rank months before the date of the next
of captain or presidential election.
commander, and all
other officers of the
Government whose
SEC. 11.
appointments are not
herein otherwise Whenever the President transmits to
provided for, and those the President of the Senate and the
whom he may be Speaker of the House of
authorized by law to Representatives his written
appoint; but the declaration that he is unable to
Congress may by law discharge the powers and duties of
vest the appointment of his office and until he transmits to
inferior officers, in the them a written declaration to the
President alone, in the contrary, such powers and duties
courts, or in the heads of shall be discharged by the Vice-
departments. President as Acting President.

(4) The President shall

have the power to make
appointments during the
recess of the Congress,
Whenever a majority of all the
but such appointments
Members of the Cabinet transmit to
shall be effective only
the President of the Senate and to
until disapproval by the
the Speaker of the House of
Commission on
Representatives their written
Appointments or until
declaration that the President is
the next adjournment of
unable to discharge the powers and
the Congress.
duties of his office, the Vice-President
shall immediately assume the powers
and duties of the office as Acting
President.

(5) The President shall Thereafter, when the President

from time to time give to transmits to the President of the
the Congress Senate and to the Speaker of the
information on the state House of Representatives his written
of the Nation, and declaration that no inability exists, he
recommend to its shall reassume the powers and duties
consideration such of his office. Meanwhile, should a
measures as he shall majority of all the Members of the
judge necessary and Cabinet transmit within five days to
expedient. the President of the Senate and to
the Speaker of the House of
Representatives their written
declaration that the President is
(6) The President shall
unable to discharge the powers and
have the power to grant
duties of his office, the Congress shall
reprieves,
decide the issue. For that purpose,
commutations, and
the Congress shall convene, if it is not
pardons, and remit fines
in session, within forty-eight hours, in
and forfeitures, after
accordance with its rules and
conviction, for all
without need of call.
expenses except in case
of impeachment, upon If the Congress, within ten days after
such conditions and with receipt of the last written
such restrictions and declaration, or, if not in session, within
limitations as he may twelve days after it is required to
deem proper to impose. assemble, determines by a two-thirds
He shall have the power vote of both Houses, voting
to grant amnesty with separately, that the President is
the concurrence of the unable to discharge the powers and
Congress. duties of his office, the Vice-President
shall act as the President; otherwise,
the President shall continue
(7) The President shall exercising the powers and duties of
have the power, with his office.
the concurrence of two-
thirds of all the Members
of the Senate to make SEC. 12.
treaties, and with the
consent of the In case of serious illness of the
Commission on President, the public shall be
Appointments, he shall informed of the state of his health.
appoint ambassadors, The Members of the Cabinet in
other public ministers, charge of national security and
and consuls. He shall foreign relations and the Chief of
receive ambassadors Staff of the Armed Forces of the
and other public Philippines, shall not be denied
ministers duly accredited access to the President during such
to the Government of illness.
the Philippines.

SEC. 13.

The President, Vice-President, the

Members of the Cabinet, and their
deputies or assistants shall not, unless
Section 11. otherwise provided in this
Constitution, hold any other office or
employment during their tenure. They
(1) The executive shall not, during said tenure, directly
departments of the or indirectly, practice any other
present Government of profession, participate in any
the Philippine Islands business, or be financially interested
shall continue as now in any contract with, or in any
authorized by law until franchise, or special privilege
the Congress shall granted by the Government or any
provide otherwise. 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

(2) The heads of the consanguinity or affinity within the
departments and chiefs fourth civil degree of the President
of bureaus or offices and shall not during his tenure be
their assistants shall not, appointed as members of the
during their continuance Constitutional Commissions, or the
in office, engage in the Office of the Ombudsman, or as
practice of any Secretaries, Undersecretaries,
profession, or intervene, chairmen or heads of bureaus or
directly or indirectly, in offices, including government-
the management or owned or controlled corporations
control of any private and their subsidiaries.
enterprise which in any
way may be affected
by the functions of their
office; nor shall they, SEC. 14.
directly or indirectly, be
Appointments extended by an
financially interested in
Acting President shall remain
any contract with the
effective, unless revoked by the
Government, or any
elected President within ninety days
subdivision or
from his assumption or reassumption
instrumentality thereof.
of office.

SEC. 15.

Two months immediately before the

(3) The President may next presidential elections and up to
appoint the Vice- the end of his term, a President or
President as a member Acting President shall not make
of his Cabinet and also appointments, except temporary
as head of an executive appointments to executive positions
department. when continued vacancies therein
will prejudice public service or
endanger public safety.

SEC. 16.

The President shall nominate and,

with the consent of the Commission
on Appointments, appoint the heads
of the executive department,
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. 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 involuntary, but such
appointments shall be effective only
until after disapproval by the
Commission on Appointments or until
the next adjournment of the
Congress.

SEC. 17.

The President shall control of all the

executive departments, bureaus and
offices. He shall ensure that the laws
be faithfully executed.

SEC. 18.

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. In case of
invasion or rebellion, when the public
safety requires it, he may, for a
period not exceeding sixty days,
suspend the privilege of the writ of
habeas corpus or place the
Philippines or any part thereof under
martial law. Within forty-eight hours
from the proclamation of martial law
or the suspension of the privilege of
the writ of habeas corpus, the
President shall submit a report in
person or in writing to the Congress.
The Congress, voting jointly, by a
vote of at least a majority of all its
Members in regular or special session,
may revoke such proclamation or
suspension, which revocation shall
not be set aside by the President.
Upon the initiative of the President,
the Congress may, in the same
manner, extend such proclamation
or suspension for a period to be
determined by the Congress, if the
invasion or rebellion shall persist and
public safety requires it.

The Congress, if not in session, shall,

within twenty-four hours following
such proclamation or suspension,
convene in accordance with its rules
without any need of a call.

The Supreme Court may review, in an

appropriate proceeding filed by any
citizen, the sufficiency of the factual
basis of the proclamation of martial
law or the suspension of the privilege
of the writ or the extension thereof,
and must promulgate its decision
thereon within thirty days from its
filing.

A state of martial law does not

suspend the operation of the
Constitution, nor supplant the
functioning of the civil courts or the
legislative assemblies, nor authorize
the conferment of jurisdiction on
military courts and agencies over
civilians where civil courts are able to
function, nor automatically suspend
the privilege of the writ.

The suspension of the privilege of the

writ shall apply only to persons
judicially charged for rebellion or
offenses inherent in or directly
connected with the invasion.

During the suspension of the privilege

of the writ, any person thus arrested
or detained shall be judicially
charged within three days, otherwise
he shall be released.

SEC. 19.

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.

He shall also have the power to grant

amnesty with the concurrence of a
majority of all the Members of the
Congress.
SEC. 20.

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. The Monetary Board shall,

within thirty days from the end of
every quarter of the calendar year,
submit to the Congress a complete
report of its decisions on applications
for loans to be contracted or
guaranteed by the Government or
government-owned and controlled
corporations which would have the
effect of increasing the foreign debt,
and containing other matters as may
be provided by law.

SEC. 21.

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.

The President shall submit to the

Congress within thirty days from the
opening of the 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.

The President shall address the

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