Está en la página 1de 4

ARTICLE VII: EXECUTIVE DEPARTMENT

Main motivation and intent of the


drafters of Art VII: prevent the recurrence
of another despot like the discredited exdictator.
Executive Power: power to enforce and
administer the laws.
President assumes a plenitude of authority, and
corresponding authority that make him the
most influential person in the land.
Qualifications: Art VII Section 2:
1. Natural Born citizen of the PH;
2. Registered voter;
3. Able to read and write;
4. At least 40 years of age at the day
of election;
5. Resident of the PH for at least 10
years immediately preceding the
election.
*Qualifications are exclusive.

*Age-Qualification in Suffrage: From 21-18


(Reason: Supposed increased sense of
responsibility and competence of the younger
citizens.)
*Resident Qualification: Ensure close touch by
the President with the country of which he is to
be the highest official and familiarity with its
conditions and problems, the better for him to
discharge his duties effectively.
Election and Proclamation: President and
Vice-President: elected by DIRECT VOTE of
people.
*Regular Presidential Elections: 6 year intervals
(2nd Monday of May)
*Canvass and Proclamation: Art. VII, Sec. 4
1. Returns of every election for P and VP as duly
certified by the Board of Canvassers is
transmitted to the Congress (directed to the
Senate President)

*Expressio unius est exclusion alterius:


Congress does not have the power to increase
or reduce the qualifications.

2. Senate President shall, not later than 30 days


from the date of election, open all certificates in
the presence of BOTH houses of the Congress in
a Joint Session;

*Natural-born citizen: one who is a citizen of


the PH from birth without having to perform
any act to acquire or perfect his PH citizenship.

3.
Congress,
upon
determination
authenticity, canvass the votes.

*Naturalized citizen: Acquires his PH citizenship


after birth by any of the modes allowed by law.
*Taking Oath of Allegiance : citizen ceases to be
a dual citizen and is deemed to have reacquired
and retained their PH citizenship.
*Age-Qualification:
1935 Consti: 40 years
1973 Charter: 55 years
(Reason: More maturity was needed to the
highest official of land)

of

*Person with the highest votes: proclaimed


winner.
*In case of tie: Vote of majority of all the
members of the congress will suffice.
*Supreme Court: sole judge of all the contests
relating to elections, returns and qualifications
of the P and VP, and may promulgate rules for
the purpose.
*Presidential Electoral Tribunal (PET) of
Supreme Court: Sole judge; An institution
independent, nut not separate from the Judicial
Dept; Designed simply to highlight the

singularity and exclusivity of the Tribunals


functions as a special electoral court.
Term: 6 years commencing at noon on the
30th day of June next following the year of
election.
*President is not eligible for any re-election.
*No person who succeeded as President and
served as such for more than 4 years shall be
qualified for election for the same office.
*Manuel Quezon: Six years is too long for a
bad president and too short for a good
president.
The Vice-President: Art VII, Sec 4
1. Elected directly by People;
2. With a term of 6 years;
3. Can only be removed through
Impeachment (just like
the
President);
4. Qualifications
the
same
as
President;
5. May be appointed as a Member of
the Cabinet (Rationale: to prevent
him from being a mere presidential
stand-by with nothing to do than
pray for the vacancy in the
Presidency)
6. No VP shall serve for more than 2
consecutive terms;
7. In case of Vacancy, the President
nominates VP from HR or Senate
who shall assume office by majority
vote of both houses
Presidential Succession:
2 Rules (Sec. 7 and 8)
Sec. 7: Vacancies occurring before the
Presidents term
Sec. 8: Vacancies occurring afterwards
*Section 7:

*1st Case: Death or Permanent Disability of the


President: Vice President SHALL become
President.
*2nd Case: Failure to elect the President
(canvass has not been completed/no
presidential elections were held): Vice President
MERELY ACTS as President
*3rd Case: Failure of the President to qualify:
Vice President MERELY ACTS as President
*Section 8: Vacancies in the Office of the
President during his Incumbency:
1. Death
2. Permanent Disability (Incurable insanity)
3. Removal
4. Resignation
Ineligibility to discharge functions:
Sec. 11-12
*Sec. 11: President transmits to the Senate
President and the Speaker his written
declaration that he is UNABLE to discharge
functions: VP shall be ACTING President (upon
majority votes of both houses)
*President transmits written declaration that
no inability exists: He shall reassume powers
except if Members of Cabinet transmit within 5
days a written declaration for the contrary,
Congress shall decide the issue (determine
within 10 days after receipt of WD or if not in
session, within 12 days after assembly; 2/3 of
both Houses)
*Section 10: Congress shall enact a law calling
for SPECIAL ELECTION from the day it convenes
in case of vacancy in the Presidential and Vice
Presidential Seat: shall be held not earlier than
45 days but not later than 60 days; No special
election if vacancy occurs 18 months (1 ) year
before the next presidential election.

Oath of Office: Section 5: intended to


deepen the sense of responsibility of the
President and ensure a more conscientious
discharge of his office.
Perquisites and Inhibitions: Sec. 6:
Prohibition against increase or decrease in
the P and VPs salary during their tenure
including other emolument from the
government or private sector.
*Emolument: profit arising from office or
employment.
Sec. 13: The P, VP, Members of the
Cabinet or other deputies shall not hold
any other office or employment during
their tenure.
The spouse and relatives by consanguinity
or affinity w/in 4th civil degree of the
President shall not during his tenure be
appointed as Members of Constitutional
Commission,
or
Office
of
the
Ombudsman,
Secretaries,
Undersecretaries (etc) (does not preclude
him from appointing his relatives to the
Judiciary: Judiciary requires qualifications
so the appointing power will not be
abused because the person to be
appointed is qualified to assume office and
perform duties)
*Reason: Public office is a public trust and
should not be abused for personal advantage.
*Sec. 13 prohibition does not apply to posts
occupied by Executive officials without
additional compensation in an ex-officio
capacity as provided by law and as required by
the primary functions of his office.
(Reason: Posts do not comprise any other
office prohibition)
Executive Privilege: Not conferred by the
constitution; essential to exercise his
powers as Chief Executive

Executive Privilege: Power of the


Government to withhold information
from the public, the courts and the
congress.
Informers Privilege: The privilege
of the Govt. not to disclose the
identity of the person who
furnishes info on violations of law
to
officers
charged
with
enforcement of the law.
Presidential
Communications
Privilege:
privilege
without
distinguishing matters involving
national security or not.
*Rationale: Frank exchange of exploratory ideas
and assessments, essential to protect the
independence of decision making of the three
branches of the government.

Deliberative Process Privilege:


covers documents reflecting
advisory
opinions,
recommendations
and
deliberations
Diplomatic Negotiations Privilege:
meant to encourage frank
exchange of exploratory ideas
between the negotiating parties
by shielding it from public view.

1. Informers Privilege: need not be


matters affecting national security
2. Presidential Communications Privilege:
decision making of the President
Elements:
o Protected communication must
relate to a quintessential and nondelegable
presidential
power
(power to enter in executive
agreements)
o Communication must be authored
by a close advisor of the president
(eg. Members of the Cabinet)

Remains a qualified privilege that


may be overcome by adequate
need of the info (likely contains
important evidence)

*Presidential Communications Privilege is NOT


ABSOLUTE: It cannot invoke the general
confidentiality privilege to shield its officials and
employees from investigations by proper
governmental institutions into possible criminal
wrong-doing.
3. Deliberative Process Privilege: officials will
not communicate candidly among themselves if
each remark is potential item of discovery;
Objective: to enhance the quality of agency
decisions.
4. Diplomatic Negotiations Privilege: for the
confidential
character
of
diplomatic
negotiations and the independence of the
Presidents decision making as the sole organ of
the nation in its external relations; Must be
confidential.
*Executive Privilege: recognized with respect to
in confidential information which is crucial to
the fulfillment of their official duties.
*President and Members of the Supreme Court
is exempted from Congress power of inquiry.
*Upon determination of the designated head of
office or the President that an official is covered
with the executive privilege, it bars the
appearance of the officer unless the same is
permitted by the President. (basis of not
showing up in the legislative investigation)
Presidential Immunity: Rule: unlawful acts
of public officials are not acts of the State,
and the officer who acts illegally is not
acting as such but stands in the same
footing as any other trespasser. (Immunity
covers only official acts)
Doctrine that the President, during his
tenure or incumbency, may not be sued in

any criminal or civil case (Why?: It will


degrade the dignity of the highest official
of land or the Head of State if he can be
dragged into court litigations and the same
will be a form of harassment or hindrance
to enable him to perform his functions;
Unlike the other 2 branches, only 1
constitutes the Executive Branch and
anything which impairs his performance of
duties will impair THE OPERATION OF THE
WHOLE GOVERNMENT).
*Does not mean that the President is not
accountable
to
anyone:
Remains
accountable to people and may be removed
in office ONLY through Impeachment