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Art VII. Executive Department

Constitution of Governments

University of San CarlosDepartment of Political Science

Philippine Government & Constitution

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Members of the Executive Department

PRESIDENT Vice President

Cabinet Members Presidential Offices(local chief executives in the local level)e.g. Governor, Vice- governor, Mayor, Vice-mayor, Punong barangay (BrgyCaptain, Sangguniang kabataan (SK Chairman)

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QualificationsPresident Vice-President

Citizenship: Natural-born Filipino - ditto -

Age: at least 40 yrs old - ditto -

Residence: At least 10 yrs prior to election - ditto -

Literacy: Able to read and write - ditto -

Other qualifications: Registered voter - ditto -

How chosen: Elected by direct voteWhen: 2 nd Monday of May

Election contests are resolved : Supreme Court en banc

Max. no. of terms: 1 2

No. of years per term: 6 6Re-election/s: - NA - 1

Removal from office: Lapse of term, Impeachment

Salaries/Privileges: Determined by lawIncrease is effective only after expiration of full term of the

incumbent when increase was approved

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Powers and Limitations Executive power Veto Power Power of Appointment Power of Control General Provisions over

LGUs & AutonomousRegional Governments

Emergency Powers Military Power as AFP

Commander-in-Chief

Pardoning Power Diplomatic or

Treaty/Agmt-Making

Budgetary Power Tariff Powers Borrowing Power Informing Power

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Executive Power

Power to administer the laws, which meanscarrying them into practical operation andenforcing their due observance.

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Veto Power

President returns bill to the House of originwith written objections w/in 30 days fromreceipt of the bill

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Power of Appointment

This presupposes the power of removal Limit against midnight approval and nepotism Appoint the heads of the different executive

departments Appoint ambassadors, consuls and public

ministers Appoint armed forces personnel from the rank of

colonel or naval captain

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Power of Control

The President shall have control of all theexecutive departments, bureaus, and office. Heshall ensure that the laws be faithfully executed

Power to alter, modify, nullify or set aside whatsubordinate officer/s did in performance ofduties & substitute judgment

Also includes discipline of COMELEC deputies

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General Supervision over LGUs &Autonomous Regional Governments

The president has control of all the executivedepartments, bureaus, and offices, he has onlythe power of general supervision over all localgovernments.

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Emergency Powers

In times of war or other national emergency(e.g. rebellion, grave economic depression ), theCongress, may, by law, authorize thePresident, for a limited period and subject tosuch restrictions as it may prescribe, toexercise powers necessary and proper to

carry out a declared national policy .

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Military Power

President = AFP Commander-in-Chief Lawless violence, Invasion, Rebellion:

1.) Call on AFP to suppress Invasion or RebellionIf public safety requires :2.) Declare martial law &/or

3.) Suspend the Privilege of the Writ of HabeasCorpus

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Note

1.) Report to Congress within 48 hours;2.) Subject to revocation or extension byCongress3.) Subject to SC ruling4.) Expires 60 days after

5.) Persons not charged and put to trial within 3days will be released

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Pardoning Power

Perform acts of CLEMENCY to violators of the law: Pardon an act of forgiveness, relieves the offender from

the consequences of the offense Amnesty grant oblivion or a general pardon for a past

offense granted to persons who have committed crimesof a political character

Commutation reduction of the sentence imposed to alesser punishment, as from death to life imprisonment

Reprieve postponement of the execution of a deathsentence to a certain date. Remission and Forfeiture of Fines prevents the

collection of fines or the confiscation of forfeitedproperty.

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Diplomatic or Treaty/Agmt-Making

Treaty a compact made between two ormore states, including internationalorganizations of states, intended to createbinding rights and obligations upon the partiesthereto.

Negotiate foreign treaties Must be with concurrence of 2/3 of Senate

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Budgetary Power

Prepare the national budget

The submission must be within 30 days fromthe opening of the regular session of Congress

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Tariff Power

The Congress is authorized by the Constitutionto delegate to the President its power to fixw/in specified limits tariff rates, import andexport quotas, etc.

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Borrowing Power

The Pres. may contract foreign loans on behalfof the Republic of the Philippines w/out needof prior congressional approval (urgency &avoid obstruction)

Must be with the concurrence of the MonetaryBoard and report to Congress

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Informing Power

SONA State of the Nation Address - Presidents Report

- Guidelines of national policy

Start of the regular session address the

Congress at the opening of its regular session Any time

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Prohibition

Double Compensation- a law increasing thesalary of the Pres & V. Pres shall not benefitthe incumbent President or Vice-President atthe time of the enactment of the said law. Forthe increase will take effect after theexpiration of the term.

Holding any other office

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Causes of Vacancy

Death

Permanent Disability Resignation Impeachment

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Causes of Vacancy

Written declaration the s/he is unable todischarge the powers and duties of the Office

If a majority of the Cabinet makes a writtendeclaration that the President cannotdischarge the powers and duties of the Office

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More on Vacancy

The President can, at a later time, informCongress s/he is fit to perform her/his dutiesagain

Congress can judge otherwise by a 2/3 vote ofboth houses voting separately.

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Even More on Vacancy

If the President falls seriously ill - The public shall be informed of his/her state of

health- Members of the Cabinet in charge of national

security and foreign relations shall have accessto the President

- The Chief of Staff of the Armed Forces shallhave access to the President

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Presidential Succession If the President-elect fails to qualify, the VP-elect

shall act as Pres. Until Pres-elect shall havequalified.

If Pres. not chosen, VP-elect will act as Pres. Until apres. shall have been chosen and qualified

If at beginning of term Pres-elect dies orpermanently disabled, VP shall become pres.

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Presidential Succession

Where no Pres. and VP shall have been chosenor qualified, or both have died or becomepermanently disabled, the President of theSenate or in case of his inability, the Speakerof the House of Representatives shall act asPres until a Pres and VP shall have been

chosen and qualified.

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Presidential Succession

In case of death, permanent disability, removalfrom office, or resignation of: Pres VP shall become Pres. serve theunexpired termVP President of the Senate shall act as Pres Inability of SP Speaker of the HR shall act asPres

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Vacancy in the Offices of both Pres. andVpres.

Law calling for a SPECIAL ELECTION

No special election w/in 18 months before thedate of the next Presidential election.