ARTICLE VII.

EXECUTIVE DEPARTMENT registered voter, able to read and write, at least forty The President shall not be eligible for any re-election.
years of age on the day of the election, and a resident of No person who has succeeded as President and has
1. Emilio Aguinaldo the Philippines for at least ten years immediately served as such for more than four years shall be
2. Manuel L. Quezon
3. Jose P. Laurel preceding such election. qualified for election to the same office at any time.
4. Sergio Osmeña Sr.
5. Manuel A. Roxas Qualifications of the President No Vice-President shall serve for more than two
6. Elpidio R. Quirino consecutive terms.
7. Ramon Magsaysay Sr. He is a natural-born citizen of the Philippines;
8. Carlos P. Garcia Term of Office — refers to the period during which an
9. Diosdado P. Macapagal He is a registered voter; officer may claim to hold the office as a matter of right.
10. Ferdinand E. Marcos
11. Corazon C. Aquino He is able to read and write; Tenure of Office — period during which the incumbent
12. Fidel V. Ramos actually holds the office.
13. Joseph E. EstradaGloria He is at least forty (40) years of age on the day of the
14. Macapagal Arroyo election (not proclamation or assumption of office); Reasons for the Prohibition against Re-election of
15. Benigno Aquino III President.
16. Rodrigo Roa Duterte He is a resident of the Philippines for at least ten (10)
17. Ferdinand “Bong Bong” Marcos years immediately preceding such election. (1) A President seeking a second term is vulnerable to
constant political pressures from those whose support
he must preserve and has to devote his time and energy
COMPOSITION OF THE EXECUTIVE SECTION 3. There shall be a Vice-President who shall to consolidate this political support. In the context of
DEPARTMENT have the same qualifications and term of office and be Philippine experience, every President elected to the
elected with, and in the same manner, as the President. Office has used the first term to work for re-election;
1. PRESIDENT
He may be removed from office in the same manner as
2. VICE PRESIDENT (2) A President who seeks a second term is under a
the President.
3. CABINET (DEPARTMENTS) terrific handicap in the performance of his functions.
The Vice-President may be appointed as a Member of
4. AMBASSADORS The result has been that political motivation is
the Cabinet. Such appointment requires no confirmation.
attributed to practically every act he performs;
His only constitutional function is to be on hand to act moreover, the danger of alienating much needed votes
SECTION 1. The executive power shall be vested in may be an obstacle to the proper and impartial
as President when needed or to succeed to presidency in
the President of the Philippines. performance of his duties;
case of a permanent vacancy in the office of the
EXECUTIVE POWER — Power to administer president.
(3) A President seeking re-election will even use public
laws, carry them into practical operation and The President may also appoint him as a Member of the
funds for the purpose even to the extent of making the
enforce their due servance. Refers to the authority Cabinet. Such appointment does not need the consent of
government bankrupt because no incumbent President
“to see to it that the laws are faithfully and the Commission on Appointments.
would like to go down from power as a leader
continuously executed. It refers to the task of law repudiated by his people;
enforcement, administration and directing the
conduct of foreign affairs.” SECTION 4. The President and the Vice-President (4) The prohibition also widens the base of leadership.
shall be elected by direct vote of the people for a term In theory, no man is indispensable in a democracy and
of six years which shall begin at noon on the thirtieth any person, no matter how good he is, may be replaced
day of June next following the day of the election and by others equally good;
SECTION 2. No person may be elected President
unless he is a natural-born citizen of the Philippines, a shall end at noon of the same date, six years thereafter.
(5) The ban will also put an end or at least hamper the
establishment of political dynasties;
(6) The six-year term will give the President a
reasonable time within which to implement his plans
and programs of government. He can concentrate on
being President free from the demands of partisan
politics;
(7) The criticism against a six-year term without re-
election that six (6) years are too long for a bad
President but too short for a good one and that the
people will suffer most from a lameduck.
SECTION 5. 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."
OATH — is an outward pledge made under an
immediate sense of responsibility to God.
The purpose of an oath is to guarantee the truthfulness
of what a person is about to say or the fact that he
sincerely intends to do what he says by a formal calling
upon God to be the witness.
SECTION 6. 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 Residence and Compensation of the President
and Vice-President.
(1) The official residence of the President shall be
determined by law; (2) The annual compensation of the
President and Vice President shall be provided by law.
The Constitution, in the Transitory Provisions, fixes the
initial annual salary of the President at P300,000.00 and
the Vice-President at P240,000.00. Congress may
provide otherwise subject to Section 6. (Article XVIII,
Sec. 17.)
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.
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
SECTION 10. The Congress shall… after the vacancy
in the offices of the President and VP occurs,
convene…and enact a law calling for a special election
to elect a President and VP.
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.
Section 11 solves the vexing problem of determining
the existence and termination of presidential incapacity
in cases of dispute.
(1) Declaration by the President. – The President may
transmit to the Senate President and the Speaker of the
House of Representatives his written declaration that he
is unable to discharge the powers and duties of his office.
In such case, the Vice-President shall be the Acting
President until the President transmits to the two
officials a written declaration of the termination of his
incapacity. (Sec. 11, par. 1.);
(2) Declaration by the members of the Cabinet. – In case
a majority of all the members of the Cabinet – who are
all the President’s men – transmit such written
declaration, the Vice-President shall immediately
assume the powers and duties of the Office as Acting
President. Thereafter, upon transmitting his written
declaration that no inability exists, the President shall
reassume 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.
SECTION 13. The President, the VP, the Members of
the Cabinet… shall not, unless otherwise provided in
the Constitution, hold any other office or employment
during their tenure. They shall not … practice any other
profession, participate in any business or be financially
interested in any contract with the Government.
Cabinet Members of the Philippines – Secretaries and
Officials in 2023:
• Department of Foreign Affairs (DFA) –
Enrique A. Manalo
• Department of Finance (DOF) – Benjamin E.
Diokno
• Department of Agriculture (DA) – President
Ferdinand Marcos Jr.
• Department of Public Works and Highways
(DPWH) – Manuel M. Bonoan
• Department of Education (DepEd) – Vice
President Sara Duterte
• Department of Labor and Employment (DOLE)
– Bienvenido E. Laguesma
• Department of National Defense (DND) – Gen.
Jose Faustino Jr.
• Department of Social Welfare and
Development (DSWD) – OIC Eduardo Punay
• Department of Agrarian Reform (DAR) –
Conrado Estrella III
• Department of Interior and Local Government
(DILG) – Benjamin Abalos Jr.
• Department of Budget and Management
(DBM) – Amenah F. Pangandaman
• Department of Trade and Industry (DTI) –
Alfredo E. Pascual
• Department of Health (DOH) – OIC Maria
Rosario Vergeire
• Department of Justice (DOJ) – Jesus Crispin
Remulla
• Department of Tourism (DOT) – Maria
Esperanza Christina Frasco
• Department of Environment and Natural
Resources (DENR) – Maria Antonia Yulo-
Loyzaga
• Department of Information and
Communications Technology (DICT) – Ivan
John Uy
• National Economic Development Authority
(NEDA) – Arsenio M. Balisacan
• National Security Adviser – Dr. Clarita Carlos
• National Bureau of Investigation (NBI)
Director – Medardo de Lemos
• Armed Forces of the Philippines (AFP) Chief
of Staff – Lt. Gen. Bartolome Vicente Bacarro
• Philippine National Police (PNP) Chief – Gen.
Rodolfo Azurin Jr
The spouse and relatives by consanguinity or
affinity within the fourth civil degree of the
President shall not during his tenure be appointed
as members of Constitutional Commissions or the
Office of the Ombudsman, as Secretaries or heads
of bureaus or offices
Disabilities of President, Vice-President, Members of
Cabinet and their deputies and assistants.
Prohibition during their tenure.
They shall not hold, unless otherwise provided in the
Constitution any other office or employment;
They shall not practice any other profession;
They shall nor participate, directly or indirectly, in any
business;
They shall not be financially interested, directly or
indirectly, in any contract with, or in any franchise or
special privilege granted by the government or any
subdivision, agency or instrumentality thereof
including any government-owned or controlled
corporation or their subsidiaries; and
They shall strictly avoid conflict of interest (between
personal or family interest and public interest) in the
conduct of their office.
SECTION 14. Appointments extended by an Acting
President shall remain effective, unless revoked by the
elected President, within ninety days from his
assumption or re-assumption of office.
Does an Acting President possess powers to appoint?
Yes, but his appointments may be revoked by the
elected President within ninety days from his
assumption or re-assumption 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.
Appointments preceding a presidential election.
(1) Prohibited if made within two months before.
Section 15 prohibits an incumbent or Acting President
to make appointments within two (2) months preceding
the date of the next presidential election and thereafter
until the expiration of the term of the incumbent
President or the tenure of the Acting President.
(2) Exceptions.
Temporary appointments to executive positions when
continued vacancies would prejudice public service or
endanger public safety are not covered by the
prohibition. The reason is very obvious. Note the
requisites: the appointment must be: (a) temporary in
nature; (b) to executive positions; and (c) urgent in the
interest of public service or public safety. It is debatable
whether permanent appointments by the President to
judicial positions are also covered by the prohibition.
(3) Allowed if made more than two (2) months before.
Appointments, whether permanent or temporary, to
executive or judicial position, extended by the
incumbent or Acting President more than two (2)
months preceding the date of the next Presidential
election, are valid.
SPECIFIC POWERS OF THE PRESIDENT
1. Appointing Power
2. Command Responsibility
3. Control Power
4. Military Power
5. Pardoning Power
6. Borrowing Power
7. Diplomatic Power
8. Budgetary Power
9. Informing Power
SECTION 16.
APPOINTING POWER — 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.
APPOINTMENT – is the act of designation by the
executive officer of the individual who is to exercise the
functions of a given office.
Although the Constitution contains no provision
expressly vesting in the President the power to remove
executive officials from their posts, he still has the
removal power as it is implied from his appointing
power.
SECTION 17
COMMAND RESPONSIBILITY — The President
shall have control of all the executive departments,
bureaus and offices. He shall ensure that the laws be
faithfully executed.
CONTROL POWER — The President may alter or
modify or set aside actions of subordinate officers. He
has also the power to supervise, investigate, suspend or
remove erring officers.
SECTION 18
MILITARY POWER — The President shall be the
Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may
call out such armed forces to prevent or suppress
lawless violence, invasion or rebellion…. he may,
suspend the privilege of the writ of habeas corpus or
place the Philippines or any part thereof under martial
law. Military powers given to the President by the
Constitution. The President, as Commander-in-Chief, is
authorized by Section 18 under specified conditions:
• to call out such armed forces to prevent or
suppress lawless violence, invasion, or
rebellion,
• to suspend the privilege of the writ of habeas
corpus, and
• to place the Philippines or any part thereof
under martial law.
Restrictions on the President’s Power to Declare
Martial Law.
• There must be an invasion or rebellion
• The duration shall not exceed 60 days
• The President must submit a report to
Congress within 48 hours after the declaration
• The declaration may be revoked by Congress
• The Supreme Court may inquire into the
sufficiency of the factual basis of the
proclamation
Martial law is essentially police power. This is borne by
the constitutional text which sets down “public safety”
as the object of the exercise of martial law. Public safety
is the concern of police power.
What is peculiar, however, about martial law as police
power is that, whereas police power is normally a
function of the legislature executed by the civilian
executive are, under martial law, police power is
exercised by the executive with the aid of the military
and in place of “certain governmental agencies which
for the time being are unable to cope with existing
conditions in a locality which remains subject to the
sovereignty.”
SECTION 19
PARDONING POWER — The President may grant
reprieves, commutations and pardons …
He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the
Congress. (Political Crime, rebellion, sedition, spy)
REPRIEVE — The postponement of the execution of a
death sentence. (Delay)
COMMUTATION — The reduction of the sentence
imposed on a person to a lesser punishment.
(babawasan)
PARDON — It exempts a person from the punishment
which the law inflicts for a crime he has committed.
(with conditions)
AMNESTY — It abolishes the offense of which a
person is charged. (all the cases charged against him is
dismiss)
DIFFERENCES BETWEEN PARDON AND
AMNESTY
Pardon is granted by the Chief Executive and as such it
is a private act which must be pleaded and proved by
the person pardoned, because the courts take no notice
thereof;
Pardon is granted to one after conviction;
Pardon looks forward and relieves the offender from the
consequences of an offense of which he has been
convicted; abolishes or forgives the punishment.
Amnesty by Proclamation of the Chief Executive with
the concurrence of Congress, is a public act of which
the courts should take judicial notice.
Amnesty is granted to classes of persons guilty of
political offense, generally before or after the institution
of the criminal prosecution and sometimes after
conviction.
While amnesty looks backward and abolishes and puts
into oblivion the offense itself, it so overlooks and
obliterates the offense with which is charged that the
person released by amnesty stands before the law SECTION 22.
precisely as though he had committed no offense.
BUDGETARY POWER — The President shall submit
to the Congress within thirty days from the opening of
every regular session, as the basis of the general
SECTION 20. appropriations bill, a budget of expenditures and
sources of financing, including receipts from existing
BORROWING POWER — The President may contract
and proposed revenue measures.
or guarantee foreign loans on behalf of the Republic of
the Philippines with the prior concurrence of the
Monetary Board, and subject to such limitations as may SECTION 23.
be provided by law.
INFORMING POWER — The President shall address
the Congress at the opening of its regular session. He
may also appear before it at any other time. Gives an
SECTION 21.
opportunity to the President to give information on the
“state of the nation” and to recommend such measures
DIPLOMATIC POWER — No treaty or
international agreement shall be valid and effective to the legislature as he may deem necessary and proper.
unless concurred in by at least two-thirds of all the
Prerogative to address and appear before Congress.
Members of the Senate.
This provision furnishes an opportunity on the part of
the President at the opening of the regular session of
Congress (Art. VI, Sec. 15.) (1) to give information on
FOREIGN RELATIONS POWERS OF THE the “state of the nation” and (2) to recommend to the
PRESIDENT consideration of the legislative body such measures as
he may deem necessary and proper.
(1) the power to negotiate treaties and
international agreements;
Such measures are, of course, merely proposals. They
(2) the power to appoint ambassadors and other may have no binding effect until enacted by the
public ministers and consuls; Congress. The address may also contain guidelines of
national policy.
(3) the power to receive ambassadors and other
The President may appear before Congress at any other
public ministers accredited to the Philippines;
time he may choose after the opening of its regular
(4) the power to contract and guarantee foreign session.
loans on behalf of the Republic;
(5) the power to deport aliens