The Executive Department

 1. Natural born citizen of the Philippines

 2. A registered voter
 3. Able to read and write
Qualifications  4. At least 40 years of age on the day of the
of the President election
 5. Resident of the Phils. for at least 10 years
immediately preceding the election
  Regular Election-Second Monday of May
 National Board of Canvassers (for President
and Vice President)-Congress
 1. Returns shall be transmitted to Congress,
Election directed to the Senate President
 2. Joint Public Session- not later than 30 days
after the election date; returns to be opened in
the presence of the Senate and House of
Representatives in joint session
  Six years which shall begin at noon on the 30th
day of June next following the day of the
election and shall end at noon of the same day 6
Term of Office years thereafter
 Note: President is not eligible for re-election
  The Supreme Court, sitting en banc, shall be
The Supreme the sole judge of all contests relating to the
Court as election, returns and qualifications of the
Presidential President and Vice President, and may
Electoral Tribunal promulgate its rules for the purpose.
  1. Official residence- The President shall have
an official residence.
 2. Salary-Determined by law. Shall not be
decreased during tenure. No increase shall take
effect until after the expiration of the term of
Privileges the incumbent during which such increase was
approved.
 3. Presidential Immunity-The President cannot
be sued, enjoying as he does immunity from
suit.
  The power of the government to withhold
information from the public the courts, and the
Congress. It is the right of the President and
high level executive branch officers to withhold
information from Congress , the courts and
Presidential ultimately, the public.
Privilege  Presidential privilege may refer to (a)immunity
from suit; and (b)executive privilege
  1. Presidential Communications Privilege
(President)-communications are presumptively
privileged; President must be given the
freedom to explore alternatives in policy

Executive making.

Privilege  2. Deliberative Process Privilege (Executive

Officials)-refer to materials that comprise part
of a process by which governmental decisions
and policies are formulated. This includes
diplomatic processes.
  Executive privilege is properly invoked in
Who can relation to specific categories of information
invoke and not to the person-it attaches to the
information and not the person. Only the
Executive President (and the Executive Secretary, by
privilege? order of the President) can invoke the privilege
  Qualifications, election and term of office and
removal are same as the President, except that
no Vice President shall serve for more than two
successive terms.
Vice President
 VP may be appointed as member of the
Cabinet; such requires no confirmation by the
Commission on Appointments
  1. Shall not receive any other emoluments from the government or
any other source.

 2. shall not hold any other office or employment, unless otherwise

provided in the Constitution.

 3. Shall not directly or indirectly practice any other profession,

participate in any business, or be financially interested in any
contract with; or any franchise or special privilege granted by the
Prohibited Acts government or any subdivision agency or instrumentality thereof,
including GOCCs or their subsidiaries.

 4. Strictly avoid conflict of interest in the conduct of their office

 5. May not appoint spouse or relatives by consanguinity or affinity
within the 4th civil degree.
  President- (a) under the Doctrine of Qualified
Political Agency-The President can assume a
Cabinet post because the departments are mere
Exceptions to the extensions of his personality; and (b) The President
rule prohibiting the can assume ex officio positions, example the
President and the President as Chairman of NEDA
VP from holding  Vice President- under Art. VII Sec. 3 of the Phil
additional positions Constitution, the VP may be appointed as member
of the Cabinet and requires no confirmation from
the Commission on Appointment
  Executive Power- the power to enforce,
implement and administer laws.
Executive and  The President shall ensure that the laws be
Administrative faithfully executed (Art VII, Sec 17)
Powers  One Executive. This power is exercised by the
President (Art. VII, Sec 1)
  1. Executive Power- power to enforce and administer
laws
 2. Power of Control- nullify, modify judgements of
subordinates; and lay down rules for the performance of
subordinate’s duties (Art. VII, Sec 17)
Presidential  3. Power of Supervision- oversight function; see to it
Powers that the rules, which they did not make are followed
 4. Power of appointment-legislative can create office
but only executive can fill (Sec 16 enumerates the
officers appointed by the President. In addition is found
in Art. VIII Section 9; Art. IX & XI Sec 9
  5. Power over Legislation-
 Veto power- Art VI Sec 27-The President can
exercise line item veto in an appropriation, revenue
or tariff bill. However, Congress may reconsider
the President’s veto by a vote of 2/3 of all members
Presidential of the house.

Powers  Power to declare emergency-declaration only;

exercise of power is vested in Congress
 Integrative Power-powers shared with the
legislative (ex. Appointments requiring
confirmation, rule-making); legislation in times of
emergency
  6. Commander-in-Chief Power (Art. VII, Sec 18)-Since
the President is the Commander-in-Chief of the
Armed Forces, he can demand obedience from
military officers .

Presidential  Call-out power- Armed forces to suppress lawless

violence
Powers  Suspension of the Writ of Habeas corpus only (1) in
times of rebellion or invasion and (2) when required
by public safety
 Martial law-but does not suspend the Constitution
  Literally means “to produce the body”
 The writ of habeas corpus is a court order
Writ of requiring that an imprisoned individual be
Habeas brought to a court by a public official and
Corpus justify his/her detention, or be released on
lawful grounds
  7. Diplomatic Powers-including power to enter into
treatises
 8. Residual Power- Unless Ocngress provides
otherwise, the President shall exercise powers and
Presidential functions vested in the President which are provided
Powers for under the laws and which are not specifically
enumerated or which are not delegated by the
President under in accordance with law. Ex. to
protect the general welfare of the people founded on
the duty of the Pres. as steward of the people.
  9. Other Powers
 Pardoning Power-to reprieve, commute, pardon,
remit fines and forfeitures after final judgement
 Power to Grant Amnesty
 Borrowing Power-contract or guarantee foreign
Presidential loans with concurrence of the MB
Powers  Budgetary Power-submit to Congress budget of
bills and expenditures
 Informing Power-address Congress during the
opening of session, or at any other time
  Pardon-an act of grace proceeding from the power
entrusted with the execution of the laws, which
exempts the individual with whom it s bestowed,

Pardon from the punishment the inflicts for the crime he

has committed. It is the remission of guilt and a
forgiveness of the offense. Permanent cancellation
of the sentence
  Amnesty-a sovereign act or oblivion for past acts
granted by the government generally to a class of
persons who have been guilty usually of political
offenses and who are subject to trial but have not
Amnesty yet been convicted and often conditioned upon their
return to obedience and duty within a prescribed
(requires concurrence of majority of all members of
Congress)
  Reprieve- a temporary relief from or postponement
of execution of penalty or sentence or a stay of

Reprieve & execution.

Commutation  Commutation- reduction of sentence. It is the

remission of a part of the punishment; a substitution
of a less penalty for one originally imposed