PHILIPPINE POLITICS AND GOVERNANCE

Lesson 7: The Executive Department

I. THE PRESIDENT
1. Qualifications [Sec. 2, Art. VII]
 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
 a resident of the Philippines for at least ten years immediately preceding
such election.

2. Election [Sec. 4, Art. VII]

 Regular Election: Second (2nd) Monday of May

3. Term of Office:
 Six (6) years: shall begin at noon on the thirtieth (30 th) day of June next
following the day of the election and shall end at noon of the same date six
years thereafter.
 No re-election: and 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.

4. Oath of Office [Sec. 5, Art. VII]

“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.)

5. Privileges [Sec. 6, Art. VII]

 Official residence: Official residence and office of the President of the

Philippines is at the Malacañang Palace located in the country’s capital -
Manila City.

 Salary:
 Determined by law
 shall not be decreased during tenure.
 No increase shall take effect until after the expiration of the term of
the incumbent during which such increase was approved.

 Immunity from suit

 In Soliven v. Makasiar, (167 SCRA 393), it was held that while the
President is immune from suit, she may not be prevented from
instituting suit.
 In Forbes v. Chuoco Tiaco, 16 Phil 534, the Supreme Court said that
the President is immune from civil liability.
 After his tenure, the Chief Executive cannot invoke immunity from suit
for civil damages arising out of acts done by him while he was
President which were not performed in the exercise of official duties
[Estrada v. Desierto, G.R. Nos. 146710-15, March 02, 2001].
 Even if the DECS (now DepEd) Secretary is an alter ego of the
President, he cannot invoke the President’s immunity from suit in a
case filed against him because the questioned acts are not the acts of
the President but merely those of a department Secretary [Gloria v.
Court of Appeals, G.R. No. 119903, August 15, 2000].

 Executive Privilege.
o “the right of the President and high-level executive branch officials to
withhold information from Congress, the courts, and ultimately, the
public”
 o Presidential conversations, correspondences, or discussions during
closed-door Cabinet meetings, like the internal deliberations of the
Supreme Court and other collegiate courts, or executive sessions of
either House of Congress, are recognized as confidential.
o This kind of information cannot be pried open by a co-equal branch of
government [Senate v. Ermita, G.R. No. 169777, April 20, 2006]
o The claim of executive privilege is highly recognized in cases where the
subject of the inquiry relates to a power textually committed by the
Constitution to the President, such as in the area of military and
foreign relations.

6. Prohibitions/Inhibitions [Secs. 6 & 13, Art. VII]

 Shall not receive any other emoluments from the government or any other
source.
 Unless otherwise provided in this Constitution, shall not hold any other office
or employment.
o Note, however that the Vice President may be appointed to the
Cabinet, without need of confirmation by the Commission on
Appointments
o The Secretary of Justice is an ex officio member of the Judicial and Bar
Council.
 Shall not 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.
 Strictly avoid conflict of interest in the conduct of their office.
 May not appoint spouse or relatives by consanguinity or affinity within the
fourth civil degree as Members of Constitutional Commissions, or the Office
of the Ombudsman, or as Secretaries, Under Secretaries, chairmen or heads
of bureaus or offices, including government-owned or -controlled
corporations and their subsidiaries.

7. Rules on Succession
a. Vacancy at the beginning of the term
 Death or permanent disability of the President-elect: Vice President-elect
shall become President.
 President-elect fails to qualify: Vice President-elect shall act as President
until the President-elect shall have qualified.
 President shall not have been chosen: Vice President-elect shall act as
President until a President shall have been chosen and qualified.
 No President and Vice President chosen nor shall have qualified, or 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.
o In the event of inability of the officials mentioned, 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.

b. Vacancy during the term

 Death, permanent disability, removal from office, or resignation of the
President: Vice President shall become the President.
o In Joseph Ejercito Estrada v. Gloria Macapagal-Arroyo, (G. R. No.
146738, March 2, 2001) the Supreme Court declared that the
resignation of President Estrada could not be doubted as confirmed
by his leaving Malacanang. In the press release containing his final
statement
[i] he acknowledged the oath-taking of the respondent as
President;
[ii] he emphasized he was leaving the palace for the sake of
peace and in order to begin the healing process (he did not say that
 he was leaving due to any kind of disability and that he was going
to reassume the Presidency as soon as the disability disappears);
[iii] he expressed his gratitude to the people for the opportunity
to serve them as President (without doubt referring to the past
opportunity);
[iv] he assured that he will not shirk from any future challenge
that may come in the same service of the country; and
[v] he called on his supporters to join him in the promotion of a
constructive national spirit of reconciliation and solidarity.
o The Court declared that the elements of a valid resignation are:
[1] intent to resign; and [2] act of relinquishment. Both were
present when President Estrada left the Palace.

 Death, permanent disability, removal from office, or resignation of

President and Vice President: Senate President or, in case of his inability,
the Speaker of the House of Representatives, shall act as President until a
President or Vice President shall be elected and qualified. Congress, by
law, shall provide for the manner in which one is to act as President in the
event of inability of the officials mentioned above.

c. Temporary Disability
 When President transmits to the Senate President and the Speaker of the
House 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.
 When a majority of all the Members of the Cabinet transmit to the Senate
President and the Speaker 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 Senate President and
Speaker his written declaration that no inability exists, he shall reassume
the powers and duties of his office.
o Meanwhile, should a majority of the Members of the Cabinet
transmit within 5 days to the Senate President and Speaker their
written declaration that the President is unable to discharge the
powers and duties of his office, Congress shall decide the issue.
o For this purpose, Congress shall convene, if not in session, within
48 hours.
o And if, within 10 days from receipt of the last written declaration
or, if not in session, within 12 days after it is required to assemble,
Congress determines by a 2/3 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
o Otherwise, the President shall continue exercising the powers and
duties of his office.

d. Constitutional duty of Congress in case of vacancy in the offices of

President and Vice President
 At 10 o’clock in the morning of the 3rd day after the vacancy occurs,
Congress shall convene without need of a call, and within 7 days enact a
law calling for a special election to elect a President and a Vice President
to be held not earlier than 45 nor later than 60 days from the time of such
call.
o The bill shall be deemed certified and shall become law upon its
approval on third reading by Congress, x x x
o The convening of Congress cannot be suspended nor the special
election postponed, x x x
o No special election shall be called if the vacancy occurs within 18
months before the date of the next presidential election.

8. Removal of the President: By impeachment (Secs. 2 and 3, Art. XI)

II. THE VICE PRESIDENT
1. Qualifications, election, term of office and removal
 The same as the President [Sec. 3, Art. VII], but no Vice President shall
serve for more than 2 successive terms.
 The Vice President may be appointed as Member of the Cabinet.
o Such appointment requires no confirmation by the Commission on
Appointments.

2. Vacancy in the office of the Vice President [Sec. 9, Art. VII]

 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
Congress voting separately