ARTICLE VIIARTICLE VII

Executive Executive DepartmentDepartment

SECTION 1.SECTION 1.

The executive power shall be The executive power shall be vested in the President of the vested in the President of the Philippines.Philippines.

EXECUTIVE POWEREXECUTIVE POWER

- power to administer laws, carry - power to administer laws, carry them into practical operation and them into practical operation and enforce their due observance.enforce their due observance.

SECTION 2.SECTION 2.

No person may be elected No person may be elected President President unless he is a natural-unless he is a natural-born citizen of the Philippines, a born citizen of the Philippines, a registered voter, able to read and registered voter, able to read and write, at least forty years of age write, at least forty years of age on the day of the election, and a on the day of the election, and a resident of the Philippines for at resident of the Philippines for at least ten years immediately least ten years immediately preceding such election.preceding such election.

SECTION 3.SECTION 3.

There shall be a There shall be a Vice-President Vice-President who who shall have the same qualifications shall have the same qualifications and term of office and be elected and term of office and be elected with and in the same manner as the with and in the same manner as the President. He may be removed President. He may be removed from office in the same manner as from office in the same manner as the President.the President.

SECTION 4.SECTION 4.

The President and the VP shall be The President and the VP shall be elected… for a term of six years… elected… for a term of six years…

The The PresidentPresident shall shall notnot be eligible be eligible for any for any reelection.reelection. No person who No person who has succeeded as President and has succeeded as President and has served as such for more than has served as such for more than four years shall be qualified for four years shall be qualified for election to the same office at any election to the same office at any time.time.

No Vice-President shall serve for No Vice-President shall serve for more than two consecutive terms. more than two consecutive terms.

The Supreme Court… shall be the The Supreme Court… shall be the sole judge of all contests relating sole judge of all contests relating to the election… of the President to the election… of the President and VP…and VP…

TERM of OFFICETERM of OFFICE

- refers to the - refers to the period during period during which an officer which an officer may claimmay claim to to holdhold the office as the office as a matter of right.a matter of right.

TENURE of TENURE of OFFICEOFFICE

- period during - period during which the which the incumbent incumbent actually holdsactually holds the the office. office.

SECTION 8.SECTION 8.

In case of In case of deathdeath, , permanent permanent disabilitydisability, , removal from officeremoval from office, , or or resignationresignation of the President, of the President, the Vice-President shall become the the Vice-President shall become the President to serve the unexpired President to serve the unexpired term. term.

In case of death, permanent In case of death, permanent disability, removal from office, or disability, removal from office, or resignation of resignation of bothboth the President the President and Vice-President, the President of and Vice-President, the President of the Senate or, in case of his the Senate or, in case of his inability, the Speaker of the House inability, the Speaker of the House of Representatives, shall then act as of Representatives, shall then act as President until the President or President until the President or Vice-President shall have been Vice-President shall have been elected and qualified.elected and qualified.

SECTION 9.SECTION 9.

Whenever there is a vacancy in Whenever there is a vacancy in the Office of the Vice-President the Office of the Vice-President during the term for which he was during the term for which he was elected, the President shall elected, the President shall nominate a Vice-President from nominate a Vice-President from among the Members of the Senate among the Members of the Senate and the House of and the House of Representatives…Representatives…

SECTION 10.SECTION 10.

The Congress shall… after the The Congress shall… after the vacancy in the offices of the vacancy in the offices of the President and VP occurs, President and VP occurs, convene…and enact a law calling convene…and enact a law calling for a special election to elect a for a special election to elect a President and VP.President and VP.

SECTION 13.SECTION 13.

The President, the VP, the Members The President, the VP, the Members of the Cabinet… shall not, unless of the Cabinet… shall not, unless otherwise provided in the otherwise provided in the Constitution, hold any other office Constitution, hold any other office or employment during their or employment during their tenure. They shall not … practice tenure. They shall not … practice any other profession, participate in any other profession, participate in any business or be financially any business or be financially interested in any contract with the interested in any contract with the Government. Government.

The spouse and relatives by The spouse and relatives by consanguinity or affinity within the consanguinity or affinity within the fourth civil degree of the President fourth civil degree of the President shall not during his tenure be shall not during his tenure be appointed as members of appointed as members of Constitutional Commissions or the Constitutional Commissions or the Office of the Ombudsman, as Office of the Ombudsman, as Secretaries or heads of bureaus or Secretaries or heads of bureaus or offices…offices…

Specific Powers Specific Powers

of theof the

PresidentPresident

Article VIIArticle VII

Sec. 16 - 23Sec. 16 - 23

Appointing PowerAppointing Power

SECTION 16.SECTION 16.The The President shall nominate President shall nominate

andand, with the consent of the , with the consent of the Commission on Appointments, Commission on Appointments, appointappoint the heads of the executive the heads of the executive departments, ambassadors, other departments, ambassadors, other public ministers and consuls, or public ministers and consuls, or officers of the armed forces from the officers of the armed forces from the rank of colonel or naval captain, and rank of colonel or naval captain, and other officers whose appointments other officers whose appointments are vested in him in this Constitution. are vested in him in this Constitution.

APPOINTMENTAPPOINTMENT – is the act of – is the act of designation by the executive officer designation by the executive officer of the individual who is to exercise of the individual who is to exercise the functions of a given office.the functions of a given office.

Although the Constitution contains Although the Constitution contains no provision expressly vesting in no provision expressly vesting in the President the power to remove the President the power to remove executive officials from their posts, executive officials from their posts, he still has the removal power as it he still has the removal power as it is implied from his appointing is implied from his appointing power.power.

Control PowerControl Power

SECTION 17.SECTION 17.

The President shall have The President shall have controlcontrol of all the executive departments, of all the executive departments, bureaus and offices. He shall bureaus and offices. He shall ensure that the laws be faithfully ensure that the laws be faithfully executed.executed.

CONTROL POWER CONTROL POWER

– – President may alter or modify or President may alter or modify or set aside actions of subordinate set aside actions of subordinate officers. He has also the power to officers. He has also the power to supervise, investigate, suspend or supervise, investigate, suspend or remove erring officers.remove erring officers.

Military PowerMilitary Power

SECTION 18.SECTION 18.The President shall be the The President shall be the

Commander-in-Chief of all armed Commander-in-Chief of all armed forces of the Philippines and forces of the Philippines and whenever it becomes necessary, he whenever it becomes necessary, he may may call out such armed forcescall out such armed forces to to prevent or suppress lawless violence, prevent or suppress lawless violence, invasion or rebellion…. he may, invasion or rebellion…. he may, suspend the privilege of the writ of suspend the privilege of the writ of habeas corpushabeas corpus or place the or place the Philippines or any part thereof under Philippines or any part thereof under martial lawmartial law. .

Restrictions on the President’s Restrictions on the President’s power to declare Martial Law.power to declare Martial Law.

There must be an invasion or rebellionThere must be an invasion or rebellionThe duration shall not exceed 60 daysThe duration shall not exceed 60 daysThe President must submit a report to The President must submit a report to

Congress within 48 hours after the Congress within 48 hours after the declarationdeclaration

The declaration may be revoked by The declaration may be revoked by CongressCongress

The Supreme Court may inquire into The Supreme Court may inquire into the sufficiency of the factual basis of the sufficiency of the factual basis of the proclamationthe proclamation

Pardoning PowerPardoning Power

SECTION 19.SECTION 19.

… … the President may grant the President may grant reprievesreprieves, , commutationscommutations and and pardonspardons … …

He shall also have the power to He shall also have the power to grant grant amnestyamnesty with the concurrence with the concurrence of a majority of all the Members of of a majority of all the Members of the Congress.the Congress.

REPRIEVEREPRIEVE – postponement of the execution – postponement of the execution of a death sentence.of a death sentence.

COMMUTATIONCOMMUTATION – reduction of the sentence – reduction of the sentence imposed to a lesser punishment.imposed to a lesser punishment.

PARDONPARDON – exempts from the punishment – exempts from the punishment the law inflicts for a crime he has the law inflicts for a crime he has committed.committed.

AMNESTYAMNESTY – abolishes the offense of which – abolishes the offense of which one is charged.one is charged.

Borrowing PowerBorrowing Power

SECTION 20.SECTION 20.

The President may contract or The President may contract or guarantee foreign loans on behalf guarantee foreign loans on behalf of the Republic of the Philippines of the Republic of the Philippines with the prior concurrence of the with the prior concurrence of the Monetary Board, and subject to Monetary Board, and subject to such limitations as may be such limitations as may be provided by law. provided by law.

Diplomatic PowerDiplomatic Power

SECTION 21.SECTION 21.

No treaty or international No treaty or international agreement shall be valid and agreement shall be valid and effective unless concurred in by at effective unless concurred in by at least two-thirds of all the Members least two-thirds of all the Members of the Senate.of the Senate.

Budgetary PowerBudgetary Power

SECTION 22.SECTION 22.

The President shall submit to the The President shall submit to the Congress within thirty days from the Congress within thirty days from the opening of every regular session, as opening of every regular session, as the basis of the general appropriations the basis of the general appropriations bill, a budget of expenditures and bill, a budget of expenditures and sources of financing, including sources of financing, including receipts from existing and proposed receipts from existing and proposed revenue measures.revenue measures.

Informing PowerInforming Power

SECTION 23.SECTION 23.

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

Section 23 gives an opportunity to Section 23 gives an opportunity to the President to give information the President to give information on the on the “state of the nation”“state of the nation” and to recommend such and to recommend such measures to the legislature as he measures to the legislature as he may deem necessary and proper.may deem necessary and proper.