The Executive BranchCharged with the execution and administration of a country’s laws.

In general, the executive branch sets the direction of national policy.

Executive Power

It is the power to enforce and administer the laws.

PRESIDENT: Executive

Qualifications of the President and Vice President Natural Born Citizen of the

Philippines A Registered Voter Able to Read and Write Atleast 40 years of age on the day of

election Resident of the Philippines for

atleast ten years immediately preceding the election.

Vice - President- Qualifications are same with the President.

- Eligible for the position of member of the Cabinet.

- Allowed to serve for two successive terms.

TERM OF OFFICE- The President and Vice – President shall be elected by the people for 6 years.

- Shall begin at noon on the 30th day of June and shall end at noon of the same date 6 years thereafter.

- Shall not be eligible for any re – election

ELECTION1. Regular – 2nd Monday of May,

every 6 years2. Special –a. Death, Disability, Removal from

office or Resignationb. A law passed by Congress

ELECTIONPresident of the Senate – receives the

certificates of canvass1. System of Direct – voting

- system of direct popular election of the President.

2. Election by Congress in Case of a Tie- vote of a majority of all the members of Congress in session assembled.

 “I, do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God.”

Official Residence and Compensationof the President and Vice President- Shall be determined by lawSALARIESPresident:-  Shall receive an annual salary of three

hundred thousand pesos (Php 300,000). Vice – President - Two hundred forty thousand pesos.

Presidential SuccessionTwo sets of rule:A. Occuring before the term

B. Occuring mid-term

RULES ON SUCCESSION Vacancy at the beginning of the term:

•Death or permanent disability of the President-elect - VP-elect shall become President

•President-elect fails to qualify - VP-elect shall ACT as president until the President-elect shall have qualified.

•President shall not have been chosen: - VP-Elect shall ACT as president until a President shall have been chosen & qualified.

No President and VP chosen or qualified, or both have died or become permanently disabled:

•SENATE PRESIDENT in an acting capacity •In case of inability - SPEAKER OF THE HOUSE in an acting capacity Until a president or a VP shall have been chosen and qualified.

IN THE EVENT OF INABILITY OF BOTH, who shall ACT as President?

•CONGRESS SHALL BY LAW PROVIDE FOR THE MANNER IN WHICH ONE WHO IS TO ACT AS PRESIDENT SHALL BE SELECTED UNTIL A PRESIDENT OR A VP SHALL HAVE QUALIFIED.

VACANCY DURING THE TERM

•Death, permanent disability, removal from office, or resignation of the President

- VP SHALL become President

TEMPORARY DISABILITY •When the President TRANSMITS to the SP and the SH

•Written Declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary: such powers and duties shall be discharged by the VP as ACTING President.

•Majority of ALL the Members of the CABINET TRANSMIT to the SP and SH: •Written Declaration that the P is unable to discharge the powers and duties of his office •VP IMMEDIATELY assumes the powers and duties of the Office as ACTING PRESIDENT

•President transmits Written Declaration that NO inability exists, •Reassume the powers of the office of the President

Should a majority of the CABINET MEMBERS transmit within 5 days to the SP and SH

Written declaration that the P is unable to discharge the powers and duties of his office, CONGRESS SHALL DECIDE THE ISSUE.

Congress shall convene, if not in session, within 48 hours.

Within 10 days from receipt of last written declaration or, if not in session, within 12 days after it is required to assemble, Congress determines by a vote of 2/3 vote of both Houses voting Separately, that the president is unable to discharge the powers and duties of his office, the VP shall act as President, otherwise, the President shall continue exercising the powers and duties of his office.

Constitutional Duty of Congress in case of vacancy in the offices of the President and the VP: •At 10AM of the 3rd day after the vacancy occurs, Congress shall convene w/o the need of a call, and within 7 days, enact a law calling for a special election to elect a President and VP to be held not earlier than 45 nor later than 60 daysfrom the time of such call. NO SPECIAL ELECTION SHALL BE CALLED IF THE VACANCY OCCURS WITHIN 18 MONTHS BEFORE THE DATE OF THE NEXT PRESIDENTIAL ELECTION.

Removal of the President: Impeachment

Prohibitions and Inhibitions1. No increase in salaries during the term. 2. Shall not receive emoluments 3. Shall not hold any other office. 4. Shall not, directly or indirectly, practice any

other profession, business, or be financially interested in any other contract with franchises of the government.

5. Avoid conflict of interest in the conduct of their office.

6. May not appoint spouse or relatives by consanguinity or affinity within 4th civil degree

POWERS OF THE PRESIDENT1.) Executive Power 6.) Pardoning Power 2.) Power of Appointment 7.) Borrowing

Power3.) Power of Removal 8.) Diplomatic Power 4.) Power of Control 9.) Budgetary Power 5.) Military Powers 10.)Informing

Power 11.)Residual Power

 Pardoning Power - The pardoning power extends to all

offenses, including criminal contempt (disrespect to or disobedience to a court which amounts to a crime). It does not give the President the power to exempt, except from punishment, anyone from the law.

Pardon- Act of grace which exempts individual from punishment which the law inflicts.

Amnesty – an act of the sovereign power granting oblivion or a general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a political character, such as treason, sedition, or rebellion.

Other Forms of Executive Clemency

ReprieveCommutationPardonParoleRemission of fines and forfeiture

Kinds of PardonAbsoluteConditional

Pardon and Amnesty

Distinguished

Borrowing Power 

• The 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. • The Monetary board shall submit to the Congress report on loans within 30 days from the end of every quarter.

Authority to contract and guarantee foreign loans

1. Exclusive executive function

2. Concurrence of Monetary Board required

3. Checks by Congress

Diplomatic PowerTreaty - compact made two or more states, including international organizations of states, intended to create binding rights and obligations upon the parties thereto.

Steps in treaty

Negotiation Approval or ratification

Budgetary PowerNo treaty or international agreement shall be valid and effective unless concurred in by atleast 2/3 of all the Members of the Senate .

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