ARTICLE VII.

THE EXECUTIVE DEPARTMENT

Section 1. EXECUTIVE POWER

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

Scope:

Executive power is vested in the President of the Philippines.

The scope of this power is set forth in Art. VII of the Constitution. But this power is not limited to those
set forth therein. The SC, in Marcos v. Manglapus, referred to the RESIDUAL powers of the President
as the Chief Executive of the country, which powers include others not set forth in the Constitution.
EXAMPLE: The President is immune from suit and criminal prosecution while he is in office.

Privilege of immunity from suit is personal to the President and may be invoked by him alone. It may
also be waived by the President, as when he himself files suit.

BUT The President CANNOT dispose of state property unless authorized by law.

Section 2. QUALIFICATIONS
No person may be elected President unless he is a natural-born citizen of the Philippines, a registered
voter, able to read and write, at least forty years of age on the day of the election, and a resident of the
Philippines for at least ten years immediately preceding such election.

 Natural-born citizen of the Philippines

 Registered voter;
 Able to read and write;
 At least 40 years old on the day of election
 Philippine resident for at least 10 years immediately preceding such election.

Note: The Vice-President has the same qualifications & term of office as the President. He is elected
with & in the same manner as the President. He may be removed from office in the same manner as
the President.

Section 3. VICE PRESIDENT

There shall be a Vice-President who shall have the same qualifications and term of office and be elected
with, and in the same manner, as the President. He may be removed from office in the same manner
as the President.
 Successor Of the President
 May be appointed as a Cabinet member (no need of Commission on Appointment consent)

Section 4. MANNER OF ELECTION/ TERM OF OFFICE

The President and the Vice-President shall be elected by direct vote of the people for a term of six
years which shall begin at noon on the thirtieth day of June next following the day of the election and
shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-
election. No person who has succeeded as President and has served as such for more than four years
shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an interruption in the continuity of the service for the
full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be held
on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board of canvassers
of each province or city, shall be transmitted to the Congress, directed to the President of the Senate.
Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days
after the day of the election, open all the certificates in the presence of the Senate and the House of
Representatives in joint public session, and the Congress, upon determination of the authenticity and
due execution thereof in the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or more
shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of
a majority of all the Members of both Houses of the Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election,
returns, and qualifications of the President or Vice-President, and may promulgate its rules for the
purpose.

Manner of Election

 The President and Vice-President shall be elected by direct vote of the people.

 Election returns for President and Vice-President, as duly certified by the proper Board of
Canvassers shall be forwarded to Congress, directed to the Senate President.

 Not later than 30 days after the day of the election, the certificates shall be opened in the
presence of both houses of Congress, assembled in joint public session.

 The Congress, after determining the authenticity and due execution of the certificates, shall
canvass the votes.

 The person receiving the highest number of votes shall be proclaimed elected.

 In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the
members of both Houses, voting separately. In case this results in a deadlock, the Senate
President shall be the acting President until the deadlock is broken.

 The Supreme Court en banc shall act as the sole judge over all contests relating to the election,
returns, and qualifications of the President or Vice-President and may promulgate its rules for
the purpose.

Term of Office

President

 6 years beginning at noon on 30 June immediately following the election and ending at noon on
the same day 6 years later.

 Term limitation: Single term only; not eligible for any reelection.

 Any person who has succeeded as President, and served as such for more than 4 years shall
NOT be qualified for election to the same office at any time.

Vice-President:

 6 years, starting and ending the same time as the President.

 Term limitation: 2 successive terms.

 Voluntary renunciation of the office for any length of time is NOT an interruption in the continuity
of service for the full term for which the Vice-President was elected.

1. BRILLANTES VS. COMELEC (G.R. No. 163193 June 15, 2004)

ISSUE: Whether or not Resolution No. 6712 dated April 28, 2004 issued by the COMELEC in
authorizing the use of election funds in consolidating the election results for the May 10, 2004 elections
should be declared VOID, as it is unconstitutional.

HELD: YES. For violating section 4 of Article VII. The said Resolution No. 6712 preempts the sole
authority of the Congress to canvass the votes of the election returns for the President and the Vice-
President. Art. VII, Sec. 4 of the 1987: Resolution Preempts the sole and exclusive authority vested in
the Congress to canvass the votes for the election of President and Vice-President. It is a grave error
on the part of the respondent to have ignored the misapprehensions addressed by Senate President
Franklin M. Drilon to COMELEC Chairman Benjamin Abalos during the 2004 saying that such act would
be in violation of the Constitution (section 4 of Article VII):
"any quick count to be conducted by the Commission on said positions would in effect constitute a
canvass of the votes of the President and Vice-President, which not only would be pre-emptive of the
authority of Congress, but would also be lacking of any constitutional authority." The existence of an
accredited Citizen’s arm: Under Section 27 of Rep. Act No. 7166, as amended by Rep. Act No. 8173,
and reiterated in Section 18 of Rep. Act No. 8436, the accredited citizen’s arm - in this case, NAMFREL
- is exclusively authorized to use a copy of the election returns in the conduct of an "unofficial" counting
of the votes, whether for the national or the local elections. No other entity, including the respondent
COMELEC itself, is authorized to use a copy of the election returns for purposes of conducting an
"unofficial" count. In addition, the second or third copy of the election returns, while required to be
delivered to the COMELEC under the said laws, are not intended for undertaking an "unofficial" count.
The said copies are archived and unsealed only when needed by to verify election results in connection
with resolving election disputes that may be established. Inapplicability of Section 52(i) of the Omnibus
Election Code: The Court contends that Section 52(i) of the Omnibus Election Code, which is cited by
the COMELEC as the statutory basis for the assailed resolution, does not cover the use of the latest
technological and election devices for "unofficial" tabulations of votes. Moreover, the COMELEC failed
to notify the authorized representatives of accredited political parties and all candidates in areas
affected by the use or adoption of technological and electronic devices not less than thirty days prior to
the effectivity of the use of such devices, after failing to submit any document proving that it had notified
all political parties of the intended adoption of Resolution No. 6712..

2. Ruy Elias C. Lopez vs. Senate of the Philippines (G.R. No. 163556, June 8, 2004)

ISSUE: WON the creation by Congress of the Joint Committee to canvass the votes for president and
vice president in the 2004 elections is unconstitutional.

HELD: No. The Court stresses that it has jurisdiction over the subject matter of this controversy,
because the herein Petition contains sufficient allegations claiming violations of the Constitution. Basic
is the rule that jurisdiction is determined by the allegations of the initiatory pleading, like the complaint
or petition. The court deemed that the petition provide sufficient allegations of violation of the
constitution.
Sec. 4, Art. VII expressly provides that “to promulgate its rules for the canvassing of the certificates."
In Arroyo v. De Venecia, the Court ruled that it had no power to review the internal proceedings of
Congress, unless there is a clear violation of the Constitution. Likewise, Santiago v. Guingona, held
that the Court -- under the doctrine of separation of powers -- has "no authority to interfere" in the
"exclusive realm" of a co-equal branch, absent a showing of grave abuse of discretion. The Court has
no authority to restrict or limit the exercise of congressional prerogatives granted by the Constitution.

However, after careful deliberation on the merits of the Petition and the Comments filed by Senate
President Franklin M. Drilon, Speaker Jose C. De Venecia and the Office of the Solicitor General, the
Court resolves to dismiss the Petition on the ground that it failed to show that Congress gravely abused
its discretion in creating such Joint Committee.
The creation of the Joint Committee does not constitute grave abuse and cannot be said to have
deprived petitioner and the other members of Congress of their congressional prerogatives, because
under the very Rules under attack, the decisions and final report of the said Committee shall be subject
to the approval of the joint session of both Houses of Congress, voting separately. The Petition is
dismissed. No costs.

3. Atty. Evillo C. Pormento v. Joseph Ejercito "Erap" Estrada and Comelec, (G.R. No. 191988,
August 31, 2010)

ISSUE: Whether Joseph Ejercito Estrada is covered by the ban on the President from “any reelection.”

HELD: The petition was rendered moot by the failure of Estrada to be elected as President in the 2010
elections. One of the essential requisites for the exercise of the power of judicial review, the existence
of an actual case or controversy, is sorely lacking in this case. Since the issue on the proper
interpretation of the phrase “any reelection” will be premised on a person’s second election as
President, there is no case or controversy to be resolved in this case. There is no definite, concrete,
real or substantial controversy that touches on the legal relations of parties having adverse legal
interests. No specific relief may conclusively be decreed upon by this Court in this case that will benefit
any of the parties herein. As a rule, this Court may only adjudicate actual, ongoing controversies. When
a case is moot, it becomes non-justiciable. Assuming an actual case or controversy existed prior to the
proclamation of a President who has been duly elected in the May 10, 2010 election, the same is no
longer true today. Estada was not elected President for the second time. Thus, any discussion of his
“reelection” will simply be hypothetical and speculative. It will serve no useful or practical purpose.

Section 5. OATH
Before they enter on the execution of their office, the President, the Vice-President, or the Acting
President shall take the following oath or affirmation:
“I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my duties as President [or
Vice-President or Acting 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.” [In
case of affirmation, last sentence will be omitted].

Section 6. SALARIES AND EMOLUMENTS

The President shall have an official residence. The salaries of the President and Vice-President shall
be determined by law and shall not be decreased during their tenure. No increase in said compensation
shall take effect until after the expiration of the term of the incumbent during which such increase was
approved. They shall not receive during their tenure any other emolument from the Government or any
other source.

 Official salaries are determined by law. Salaries cannot be decreased during the TENURE of the
President and the Vice-President. Increases take effect only after the expiration of the TERM of
the incumbent during which the increase was approved. Prohibited from receiving any other
emolument from the government or any other source during their TENURE

Sections 7-12, PRESIDENTIAL SUCCESSION

Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of
their terms.

If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-
elect shall have qualified.

If a President shall not have been chosen, the Vice President-elect shall act as President until a
President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have become
permanently disabled, the Vice President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where both
shall have died or become permanently disabled, the President of the Senate or, in case of his inability,
the Speaker of the House of Representatives, shall act as President until a President or a Vice-
President shall have been chosen and qualified.

The 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 Vice-President shall have qualified, in case of death, permanent
disability, or inability of the officials mentioned in the next preceding paragraph.

Section 8. In case of death, permanent disability, removal from office, or resignation of the President,
the Vice-President shall become the President to serve the unexpired term. In case of death, permanent
disability, removal from office, or resignation of both the President and Vice-President, the President of
the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as
President until the President or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability,
or resignation of the Acting President. He shall serve until the President or the Vice-President shall
have been elected and qualified, and be subject to the same restrictions of powers and disqualifications
as the Acting President.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which
he was elected, the President shall nominate a Vice-President from among the Members of the Senate
and the House of Representatives who shall assume office upon confirmation by a majority vote of all
the Members of both Houses of the Congress, voting separately.

Section 10. The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the
offices of the President and Vice-President occurs, convene in accordance with its rules without need
of a call and within seven days, enact a law calling for a special election to elect a President and a Vice-
President to be held not earlier than forty-five days nor later than sixty days from the time of such call.
The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article
VI of this Constitution and shall become law upon its approval on third reading by the Congress.
Appropriations for the special election shall be charged against any current appropriations and shall be
exempt from the requirements of paragraph 4, Section 25, Article VI of this Constitution. The convening
of the Congress cannot be suspended nor the special election postponed. No special election shall be
called if the vacancy occurs within eighteen months before the date of the next presidential election.
Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the
House of Representatives his 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 Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to
the Speaker of the House of Representatives their written declaration that the President is unable to
discharge the powers and duties of his office, the Vice-President shall immediately assume the powers
and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the
House of Representatives his written declaration that no inability exists, he shall reassume the powers
and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within
five days to the President of the Senate and to the Speaker of the House of Representatives, their
written declaration that the President is unable to discharge the powers and duties of his office, the
Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session,
within forty-eight hours, in accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within
twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting
separately, that the President is unable to discharge the powers and duties of his office, the Vice-
President shall act as President; otherwise, the President shall continue exercising the powers and
duties of his office.

Section 12. In case of serious illness of the President, the public shall be informed of the state of his
health. The members of the Cabinet in charge of national security and foreign relations and the Chief
of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such
illness.

1. Vacancies at the beginning of the term

VACANCY SUCCESSOR
President-elect fails to qualify or to be VP-elect will be Acting President until
chosen someone is qualified/chosen as
President.
President-elect dies or is permanently VP becomes President.
disabled.
Both President and VP-elect are not Senate President or
chosen or do not qualify or both die, or In case of his inability, the Speaker of
both become permanently disabled. the House shall act as President until a
President or a VP shall have been
chosen and qualified.
In case of death or disability of (1) and
(2), Congress shall determine, by law,
who will be the acting President.

2. Vacancies after the office is initially filled:

VACANCY
President dies, is permanently disabled,
is impeached, or resigns.
Both President and Vice-President die,
become permanently disabled, are
impeached, or resign.
SUCCESSOR
Vice-President becomes President for
the unexpired term.
Senate President or
In case of his inability, the Speaker of
the House shall act as President until
the President or VP shall have been
elected and qualified.

3. Vacancy in office of Vice-President during the term for which he was elected:

 President will nominate new VP from any member of either House of Congress.

 Nominee shall assume office upon confirmation by majority vote of ALL members of both
Houses, voting separately. (Nominee forfeits seat in Congress)

 Election of President and Vice-President after vacancy during tem

  Congress shall convene 3 days after the vacancy in the office of both the President and the VP,
without need of a call. The convening of Congress cannot be suspended.

 Within 7 days after convening, Congress shall enact a law calling for a special election to elect
a President and a VP. The special election cannot be postponed.

 The special election shall be held not earlier than 45 days not later than 60 days from the time
of the enactment of the law.

 The 3 readings for the special law need not be held on separate days.

 The law shall be deemed enacted upon its approval on third reading.

BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the
next presidential election.

 Temporary disability of the President:

The temporary inability of the President to discharge his duties may be raised in either of two ways:

By the President himself, when he sends a written declaration to the Senate President and the Speaker
of the House. In this case, the Vice-President will be Acting President until the President transmits a
written declaration to the contrary. When a majority of the Cabinet members transmit to the Senate
President and the Speaker their written declaration.

The VP will immediately be Acting President.

BUT: If the President transmits a written declaration that he is not disabled, he reassumes his position

If within 5 days after the President re-assumes his position, the majority of the Cabinet retransmits their
written declaration, Congress shall decide the issue. In this event, Congress shall reconvene within 48
hours if it is not in session, without need of a call. Within 10 days after Congress is required to assemble,
or 12 days if Congress is not in session, a 2/3 majority of both Houses, voting separately, is needed to
find the President temporarily disabled, in which case, the VP will be Acting President.

 Presidential Illness:

If the President is seriously ill, the public must be informed thereof.

Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and the Chief
of Staff of the AFP are entitled to access to the President

Section 13. DISQUALIFICATIONS

The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any other office or employment during their tenure.
They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any
business, or be financially interested in any contract with, or in any franchise, or special privilege
granted by the Government or any 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.

SUBJECT SOURCE OF DISQUALIFICATION

President, Vice-President,
Cabinet Members, Deputies
or Assistants of Cabinet
Members
Prohibited from:
Holding any office or employment during their
tenure, UNLESS:
otherwise provided in the Constitution (e.g. VP
can be appointed a Cabinet Member, Sec. of
Justice sits on Judicial and Bar Council); or
the positions are ex-officio and they do not receive
any salary or other emoluments therefor (e.g. Sec.
of Finance is head of Monetary Board).

Practicing, directly or indirectly, any other

profession during their tenure;
 Participating in any business;

Being financially interested in any contract with, or

in any franchise, or special privilege granted by the
government or any subdivision, agency or
instrumentality thereof, including GOCC's or their
subsidiaries.

N.B. The rule on disqualifications for the President

Spouses and 4 th degree Cannot be appointed during President’s tenure as:
relatives of the President
(consanguinity or affinity)
and his Cabinet are stricter than the normal rules
applicable to appointive and elective officers under
Art. IX-B, Sec. 7.
Members of the Constitutional Commissions;
Office of the Ombudsman;
Department Secretaries;
Department under-secretaries;
Chairman or heads of bureaus or offices including
GOCC’s and their subsidiaries.

N.B.
If the spouse, etc., was already in any of the above
offices at the time before his/her spouse became
President, he/she may continue in office. What is
prohibited is appointment and reappointment,
NOT continuation in office.
Spouses, etc., can be appointed to the judiciary
and as ambassadors and consuls.

1. Dela Cruz vs. Commission on Audit (G.R. No. 138489, November 29, 2001)
ISSUE: WON the disallowance of the remuneration for the alternates of the ex-officio members of the
NHA Board is valid (YES)

HELD
Under Section 7 of the NHA Law, the following Cabinet Secretaries are mandated to sit in the
NHA Board: Secretary of Public Works, Transportation, and Communications, Secretary of Finance,
Secretary of Labor, Secretary of Industry, Executive Secretary, NEDA Director-General
• While the alternates are not these officials, they are their alternates, and still under Section 7,
their “acts shall be considered the acts of their principals”.
• CLU v. Executive Secretary is controlling: “The prohibition against holding dual or multiple offices
or employment under Section 13, Article VII of the Constitution must not, however, be construed as
applying to posts occupied by the Executive officials specified therein without additional compensation
in an ex-officio capacity as provided by law and as required by the primary functions of said officials'
office. The reason is that these posts do not comprise `any other office' within the contemplation of the
constitutional prohibition but are properly an imposition of additional duties and functions on said
officials.”
• On the term ex-officio: “The term ex officio means `from office; by virtue of office'. It refers to an
`authority derived from official character merely, not expressly conferred upon the individual character,
but rather annexed to the official position.' Ex officio likewise denotes an `act done in an official
character, or as a consequence of office, and without any other appointment or authority than that
conferred by the office.' An ex officio member of a board is one who is a member by virtue of his title to
a certain office, and without further warrant or appointment. x x x”
• On the right to receive remuneration for an ex officio position: "The ex officio position being
actually and in legal contemplation part of the principal office, it follows that the official concerned has
no right to receive additional compensation for his services in the said position. The reason is that these
services are already paid for and covered by the compensation attached to his principal office. It should
be obvious that if, say, the Secretary of Finance attends a meeting of the Monetary Board as an ex
officio member thereof, he is actually and in legal contemplation performing the primary function of his
principal office in defining policy in monetary banking matters, which come under the jurisdiction of his
department. For such attendance, therefore, he is not entitled to collect any extra compensation,
whether it be in the form of a per diem or an honorarium or an allowance, or some other such
euphemism. By whatever name it is designated, such additional compensation is prohibited by the
Constitution."
• CAB: Petitioner officials who are on the NHA Board as ALTERNATES of the Cabinet members
and ex-officio members of the NHA are prohibited from receiving additional compensation. To rule
otherwise would be giving the alternates a better right than their principals. The alternates cannot
receive the compensation to which their principals are not entitled to in the first place.

2. Funa v. Agra (G.R. No. 191644, February 19, 2013)

ISSUE: Whether the designation of Agra as the Acting Secretary of Justice violate the constitutional
prohibition against dual or multiple offices for the Members of the Cabinet and their deputies and
assistants.

HELD: In order to be clear, therefore, the Court holds that all official actions of Agra as a de facto Acting
Secretary of Justice, assuming that was his later designation, were presumed valid, binding and
effective as if he was the officer legally appointed and qualified for the office. 54 This clarification is
necessary in order to protect the sanctity of the dealings by the public with persons whose ostensible
authority emanates from the State. 55 Agra's official actions covered by this claritlcation extend to but
are not limited to the promulgation of resolutions on petitions for review filed in the Department of
Justice, and the issuance of department orders, memoranda and circulars relative to the prosecution
of criminal cases.
Accordingly, the Court grants the petition for certiorari and prohibition; annuls and voids the designation
of Hon. Alberto C. Agra as the Acting Secretary of Justice in a concurrent capacity with his position as
the Acting Solicitor General for being unconstitutional and violative of Section 13, Article VII of the 1987
Constitution; and declares that l-Ion. Alberto C. Agra was a de facto officer during his tenure as Acting
Secretary of Justice

3. DOROMAL VS. SANDIGANBAYAN, G. R. No. 85468, 07 September 1989

ISSUE: Whether or not the act of Doromal would constitute a violation of the Constitution.
HELD: Yes, the act of Doromal would constitute a violation of the Constitution specifically of Section
13 of Article VII. The presence of a signed document bearing the signature of Doromal as part of the
application to bid shows that he can rightfully be charged with having participated in a business which
act is absolutely prohibited by Section 13 of Article VII of the Constitution" because "the DITC
remained a family corporation in which Doromal has at least an indirect interest." That admission
allegedly belies the averment in the information that the petitioner "participated' in the business of the
DITC in which he is prohibited by the Constitution or by law from having any interest. (Sec. 3-h, RA
No. 3019). The Sandiganbayan in its order of August 19, 1988 correctly observed that "the presence
of a signed document bearing the signature of accused Doromal as part of the application to bid ... is
not a sine qua non" (Annex O, p. 179. Rollo), for, the Ombudsman indicated in his
Memorandum/Clearance to the Special Prosecutor, that the petitioner "can rightfully be charged
...with having participated in a business which act is absolutely prohibited by Section 13 of Article VII
of the Constitution" because "the DITC remained a family corporation in which Doromal has at least
an indirect interest." (pp. 107-108, Rollo). Section 13, Article VII of the 1987 Constitution provides
that "the President, Vice-President, the members of the Cabinet and their deputies or assistants shall
not... during (their) tenure ...directly or indirectly... participate in any business." The constitutional ban
is similar to the prohibition in the Civil Service Law (PD No. 807, Sec. 36, subpar. 24) that "Pursuit of
private business ... without the permission required by Civil Service Rules and Regulations" shall be a
ground for disciplinary action against any officer or employee in the civil service.

4. Civil Liberties Union Vs. The Executive Secretary

ISSUE No. 1 : Does the prohibition in Section 13, Article VII of the 1987 Constitution insofar as Cabinet
members, their deputies or assistants are concerned admit of the broad exceptions made for appointive
officials in general under Section 7, par. (2), Article I-XB?
HELD No. 1: No. The intent of the framers of the Constitution was to impose a stricter prohibition on
the President and his official family in so far as holding other offices or employment in the government
or elsewhere is concerned. Although Section 7, Article I-XB already contains a blanket prohibition
against the holding of multiple offices or employment in the government subsuming both elective and
appointive public officials, the Constitutional Commission should see it fit to formulate another provision,
Sec. 13, Article VII, specifically prohibiting the President, Vice-President, members of the Cabinet, their
deputies and assistants from holding any other office or employment during their tenure, unless
otherwise provided in the Constitution itself. While all other appointive officials in the civil service are
allowed to hold other office or employment in the government during their tenure when such is allowed
by law or by the primary functions of their positions, members of the Cabinet, their deputies and
assistants may do so only when expressly authorized by the Constitution itself. In other words, Section
7, Article I-XB is meant to lay down the general rule applicable to all elective and appointive public
officials and employees, while Section 13, Article VII is meant to be the exception applicable only to the
President, the Vice- President, Members of the Cabinet, their deputies and assistants. The phrase
"unless otherwise provided in this Constitution" must be given a literal interpretation to refer only to
those particular instances cited in the Constitution itself, to wit: the Vice-President being appointed as
a member of the Cabinet under Section 3, par. (2), Article VII; or acting as President in those instances
provided under Section 7, pars. (2) and (3), Article VII; and, the Secretary of Justice being ex-officio
member of the Judicial and Bar Council by virtue of Section 8 (1), Article VIII.
ISSUE No. 2: Does the prohibition apply to positions held in ex officio capacity?
HELD No. 2:The prohibition against holding dual or multiple offices or employment under Section 13,
Article VII of the Constitution must not, however, be construed as applying to posts occupied by the
Executive officials specified therein without additional compensation in an ex-officio capacity as
provided by law and as required by the primary functions of said officials' office. The reason is that
these posts do no comprise "any other office" within the contemplation of the constitutional prohibition
but are properly an imposition of additional duties and functions on said officials. The term ex-officio
means "from office; by virtue of office." Ex-officio likewise denotes an "act done in an official character,
or as a consequence of office, and without any other appointment or authority than that conferred by
the office." The additional duties must not only be closely related to, but must be required by the
official's primary functions. If the functions required to be performed are merely incidental, remotely
related, inconsistent, incompatible, or otherwise alien to the primary function of a cabinet official, such
additional functions would fall under the purview of "any other office" prohibited by the Constitution.

5. Adaza v. Pazana (135 SCRA 431 March 18, 1985)

ISSUES: Whether or not a vice-governor who ran for the position of Mambabatas Pambansa, but lost,
can continue serving as vice-governor and subsequently succeed to the office of governor if the said
office is vacated.

HELD: Yes, a vice-governor who ran for the position of Mambabatas Pambansa, but lost, can continue
serving as vice-governor and subsequently succeed to the office of governor if the said office is vacated.
The law governing the election of members of the Batasan Pambansa on May 14, 1984, Section 13[2]
of which specifically provides that "governors, mayors, members of the various sangguniang or
barangay officials shall, upon filing a certificate of candidacy, be considered on forced leave of absence
from office." Indubitably, respondent falls within the coverage of this provision, considering that at the
time he filed his certificate of candidacy for the 1984 Batasan Pambansa election he was a member of
the Sangguniang Panlalawigan.

Sections 14-16. POWER TO APPOINT

Section 14. Appointments extended by an Acting President shall remain effective, unless revoked by
the elected President, within ninety days from his assumption or reassumption of office.

Section 15. Two months immediately before the next presidential elections and up to the end of his
term, a President or Acting President shall not make appointments, except temporary appointments to
executive positions when continued vacancies therein will prejudice public service or endanger public
safety.

Section 16. The President shall nominate and, with the consent of the Commission on Appointments,
appoint the heads of the executive departments, 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 compulsory, but such appointments shall be effective only until disapproved by the
Commission on Appointments or until the next adjournment of the Congress.

Principles:

Since the power to appoint is executive in nature, Congress cannot usurp this function. While Congress
(and the Constitution in certain cases) may prescribe the qualifications for particular offices, the
determination of who among those who are qualified will be appointed is the President’s prerogative.

Scope:

 The President shall appoint the following:

Heads of executive departments (CA confirmation needed):
Ambassadors, other public ministers, and consuls (CA confirmation needed).
Officers of AFP from rank of colonel or naval captain (CA confirmation needed).
Other officers whose appointment is vested in him by the Constitution (CA confirmation needed), such
as: Chairmen and members of the COMELEC, COA and CSC. Regular members of the Judicial and
Bar Council. The Ombudsman and his deputies; Sectoral representatives in Congress.
  N.B. President also appoints members of the Supreme Court and judges of the lower courts, but
these appointments do not need CA confirmation.

 All other officers whose appointments are not otherwise provided for by law; and those whom
he may be authorized by law to appoint.

 This includes the Chairman and members of the Commission on Human Rights, whose
appointments are provided for by law NOT by the Constitution.

 Congress may, by law, vest the appointment of other officers lower in rank in the President alone
or in the courts, or in the heads of departments, agencies, boards or commissions.

BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers for offices
created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko Sentral Governor).

ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is
not required to be confirmed does not vest the CA with jurisdiction. The President cannot extend the
scope of the CA’s power as provided for in the Constitution.

Procedure:

 CA confirmation needed:

Nomination by President
Confirmation by CA
Appointment by President; and
Acceptance by appointee.

Note: At any time before all four steps have been complied with, the President can withdraw the
nomination/appointment.

 No CA confirmation:

Appointment; and Acceptance.

Note: Once appointee accepts, President can no longer withdraw the appointment.

Ad-interim appointments:

When Congress is in recess, the President may still appoint officers to positions subject to CA
confirmation. These appointments are effective immediately, but are only effective until they are
disapproved by the CA or until the next adjournment of Congress. Appointments to fill an office in an
‘acting’ capacity are NOT ad-interim in nature and need no CA approval.

Appointments by an Acting President:

These shall remain effective UNLESS revoked by the elected President within 90 days from his
assumption or re-assumption of office.

Limitation

 2 months immediately before the next Presidential elections, and up to the end of his term, the
President or Acting President SHALL NOT make appointments. This is to prevent the practice
of ‘midnight appointments.”

EXCEPTION: Can make TEMPORARY APPOINTMENTS; To fill EXECUTIVE POSITIONS; If

continued vacancies therein will prejudice public service or endanger public safety.