01_President and Vice-President

MHH_2.2_Election

President, Qualifications
Art VII, Sec 2, 1987 Constitution
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.
Art IV, Sec 1, 1987 Constitution
The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the
age of majority; and
4. Those who are naturalized in the accordance with law.
Art IV, Sec 2, 1987 Constitution
Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph
(3), Section 1 hereof shall be deemed natural-born citizens.

Natural-born Filipino, defined

Fornier vs Comelec
One-liner: Natural-born citizens include those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship.
Facts: Fornier sought FPJs disqualification for Presidency since FPJ made a material misrepresentation in his COC
claiming to be a natural-born citizen when his mother was American, and father, Spanish.
Issue: WON FPJ is a natural-born Filipino and thus did not materially misrepresent his COC.
Held: Yes. To trace, FPJs roots FPJs grandpa died in Pangasinan in 1954, it could have been his residence before
death and he would have benefited from the en masse Filipinization of the Philippine Bill in 1902. FPJs father
acquired such Filipino citizenship, then passed on to FPJ. Evidence would preponderate in FPJs favor.
Citizenship Issue (in-depth notes)
Aristotle: Citizen refers to a man who shared in the administration of justice and in the holding of an office.
The concept grew to include one who would both govern and be governed, for which qualifications like
autonomy, judgment and loyalty could be expected.
No Philippine citizens during Spanish regime, but Subjects of Spain or Indios.
Treaty of Paris (1898) between Spain and USA, Philippines was ceded to the US. US Congress called us
Philippine citizens.
Philippine Bill of 1902 aka Phil. Organic Act: a "citizen of the Philippines" was one who was an inhabitant of
the Philippines, and a Spanish subject on the 11th day of April 1899. The term "inhabitant" was taken to
include 1) a native-born inhabitant, 2) an inhabitant who was a native of Peninsular Spain, and 3) an
inhabitant who obtained Spanish papers on or before 11 April 1899.
Status of children born in the Philippines from Apr 11, 1899 to Jul 1, 1902? Acdg to Jus Soli, Filipinos.
Through its history, four modes of acquiring citizenship naturalization, jus soli, res judicata and jus
sanguinis had been in vogue. But only jus soli and jus sangunis could qualify a person to being a "naturalborn" citizen of the Philippines.
Jones Law: a native-born inhabitant of the Philippines was deemed to be a citizen of the Philippines as of 11
April 1899 if he was 1) a subject of Spain on 11 April 1899, 2) residing in the Philippines on said date, and, 3)
since that date, not a citizen of some other country.
1935 Constitution: Jus sangunis is the basis for Filipino citizenship.
1973 Constitution: A female citizen of the Philippines who marries an alien retains her Philippine citizenship,
unless by her act or omission she is deemed, under the law to have renounced her citizenship.
Civil law is against illegitimacy, but such should only be in the sphere of civil law and not unduly impede or
impinge on the domain of political law. The ordinary rules on evidence could well and should govern.

Residence, defined
Marcos vs Comelec
One-liner: For election purposes, residence is synonymous with domicile, that is, a fixed permanent residence to
which, when absent, one has the intention of returning.

01_President and Vice-President

MHH_2.2_Election

Facts: Imelda Marcos ran as Representative in Leyte, with only 7 months as residency in her COC. The Constitution
required at least 1 year residency. Beyond the deadline, Marcos amended her COC residency to since childhood.
Comelec disqualified her. She won in the election, but her proclamation was put on hold.
Issue: WON Marcos satisfied the residency requirement.
Held: Yes. The fact of residence, not a statement in a certificate of candidacy determines whether or not an individual
has satisfied the constitution's residency qualification requirement. It was only an honest mistake. An individual does
not lose his domicile even if he has lived and maintained residences in different places. Marcos since 8yo, grew up in
Tacloban. Evidence does not support abandonment of domicile of origin. Marcos is proclaimed the duly elected Rep.
Residency Issue (in-depth notes)
To change domicile, there must be: (1) An actual removal or an actual change of domicile; (2) A bona fide
intention of abandoning the former place of residence and establishing a new one; and (3) Acts which
correspond with the purpose.
Civil Code: residence = actual residence.
A minor follows the domicile of his parents, by operation of law.
Domino vs Comelec
One-liner: "Residence" as used in the law prescribing the qualifications for suffrage and for elective office, means the
same thing as "domicile," which requires not only such bodily presence in that place but also a declared and probable
intent to make it one's fixed and permanent place of abode, one's home.
Facts: Domino ran as Representative in Sarangani, with 1 yr and 2 months as residency in his COC. Comelec
disqualified him as his Voters Registration Record negate such. The Constitution required at least 1 year residency.
Domino won, but his proclamation was put on hold.
Issue: WON Domino satisfied the residency requirement.
Held: No. The principal elements of domicile, physical presence in the locality involved and intention to adopt it as a
domicile, must concur in order to establish a new domicile. Domino lacked the intention to abandon his residence in
QC as he registered there as a voter (then just had it cancelled by a MeTC to effect transfer to Sarangani). While
voting is not conclusive of residence, it does give rise to a strong presumption of residence especially in this case
where DOMINO registered in his former barangay. Exercising the right of election franchise is a deliberate public
assertion of the fact of residence, and is said to have decided preponderance in a doubtful case upon the place the
elector claims as, or believes to be, his residence. While, Domino's intention to establish residence in Sarangani can
be gleaned from the fact that be bought a house, sought cancellation of his previous registration in QC and that he
applied for transfer of registration, DOMINO still falls short of the one year residency requirement.
Residency Issue (in-depth notes)
The determination of the MeTC QC in the exclusion proceedings (which are summary in character) as to the
right of DOMINO to be included or excluded from the list of voters in the precinct within its territorial
jurisdiction, does not preclude the COMELEC, in the determination of DOMINO's qualification as a candidate,
to pass upon the issue of compliance with the residency requirement. And besides, it is not within the
competence of the trial court, in an exclusion proceedings, to declare the challenged voter a resident of
another municipality. The jurisdiction of the lower court over exclusion cases is limited only to determining
the right of voter to remain in the list of voters or to declare that the challenged voter is not qualified to vote
in the precinct in which he is registered, specifying the ground of the voter's disqualification.
Domicile is a question of intention and circumstances. In the consideration of circumstances, three rules must
be borne in mind, namely: (1) that a man must have a residence or domicile somewhere; (2) when once
established it remains until a new one is acquired; and (3) a man can have but one residence or domicile at a
time.

Residence requirement, rationale

Torayno vs Comelec
One-liner: The Constitution and the law requires residence as a qualification for seeking and holding elective public
office, in order to give candidates the opportunity to be familiar with the needs, difficulties, aspirations, potentials for
growth and all matters vital to the welfare of their constituencies; likewise, it enables the electorate to evaluate the
seekers' qualifications and fitness for the job they aspire for.
Facts: Immediately after being the governor of Misamis Oriental for the third term, Emano ran as Mayor of CDO,
saying in his COC his residency thereat for 2 yrs and 5 months. Emano asserted under oath that he was qualified to
act as governor until end of his term and admitted in sworn statements that he was a resident of Misamis Oriental.
Petitioners: Residence is a continuing qualification that an elective official must possess throughout his term. Thus,
private respondent could not have changed his residence to CDO while he was still governor of Misamis Oriental.
Emano: I actually and physically reside in CDO while being Governor, since the seat of provl govt is in CDO. There is no
law preventing an elective official from transferring residence while in office.

01_President and Vice-President

MHH_2.2_Election

Issue: WON Emano acquired a bona fide domicile of choice for at least 1 yr to qualify him to run as Mayor of CDO.
Held: Yes. The Constitution or the law intends to prevent the possibility of a stranger or newcomer unacquainted with
the conditions and needs of a community and not identified with the latter from seeking an elective office to serve
that community. Such provision is aimed at excluding outsiders from taking advantage of favorable circumstances
existing in that community for electoral gain. Emano could not be said to be a stranger or newcomer.
Residency Issue (in-depth notes)
Such political subdivisions and voting restrictions, however, are simply for the purpose of parity in
representation. The classification of an area as a highly urbanized or independent component city, for that
matter, does not completely isolate its residents, politics, commerce and other businesses from the entire
province and vice versa especially when the city is located at the very heart of the province itself, as in
this case.

Vice-President, how elected, term of office and term limit

Art VII, Sec 4, 1987 Constitution
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. x x x

President and Vice-President, basis for proclamation

Presidential and VP tie, how broken
Art VII, Sec 4, 1987 Constitution
x x x 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.
Art IX , Sec 6, 1987 Constitution
Each [Constitutional] Commission en banc may promulgate its own rules concerning pleadings and practice before it
or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights.

Winner, defined
Rulloda vs Comelec
One-liner: The winner is the candidate who has obtained a majority or plurality of valid votes cast in the election.
Facts: A candidate for Brgy Chairman died before the election day. His widow wrote the Comelec to substitute him.
She won but the Comelec disregarded the same as there is no substitution of candidates for brgy and SK officials.
Instead, respondent Placido was proclaimed winner.
Placido: Brgy election is non-partisan, substitution of candidates is not allowed. Petitioner did not file any COC, hence
I was the only candidate for Brgy Chairman.
Issue: Can the widow be proclaimed as the duly elected Brgy Chairman?

01_President and Vice-President

MHH_2.2_Election

Held: Yes, as it was she who obtained the plurality of votes in the contested election. Technicalities and procedural
niceties in election cases should not be made to stand in the way of the true will of the electorate. Absence of any
provision governing substitution of candidates in brgy elections cannot be inferred as a prohibition against it. As doing
so would ignore the purpose of election laws which is to give effect to, rather than frustrate, the will of the voters. In
case of doubt, political laws must be so construed as to give life and spirit to the popular mandate freely expressed
through the ballot. In all republican forms of government the basic idea is that no one can be declared elected and no
measure can be declared carried unless he or it receives a majority or plurality of the legal votes cast in the election.
Further, the letter-request was treated by Comelec as a COC.
Election Issue (in-depth notes)
An election means the choice or selection of candidates to public office by popular vote through the use of
the ballot, and the elected officials which are determined through the will of the electorate. An election is the
embodiment of the popular will, the expression of the sovereign power of the people.

Presidential succession, in case of vacancy at the start of term

Art VII, Sec 7, 1987 Constitution
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.

Presidential succession, in case of vacancy on mid-term

Art VII, Sec 8, 1987 Constitution
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.

Permanent Disability of the President

Art VII, Sec 11, 1987 Constitution
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.

01_President and Vice-President

MHH_2.2_Election

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.
Estrada vs Desierto
One-liner: The determination of the Presidents inability to govern is determined by Congress and such is a political
judgment that cannot be subject to judicial review.
Facts: Estrada was accused to be a jueteng lord that led to his impeachment case. Edsa Revolution II ensued with
people asking Estradas resignation, and his allies defected (AFP, PNP and most of his cabinet members). On the day
Arroyo took her oath as the new President, Estrada wrote Senate Pres and Speaker of the House that he is unable to
exercise Presidential powers and duties. However, he claims he did not resign as President, but merely was on leave
on the ground that he is unable to govern temporarily. Despite receipt of letter, the House of Reps and Senate passed
Resolutions expressing support to Arroyo as the new President.
Issue: WON SC has jurisdiction to review the claim of temporary inability of Estrada and thereafter revise the decision
of both Houses of Congress recognizing Arroyo as the new President.
Held: SC does not have jurisdiction. It is Congress that has the ultimate authority to determine such, and the
determination of Congress is a political judgment which the SC cannot review. Estradas claim had been put to rest by
Congress by the latter declaring Arroyo as the de jure President. Such decision made by the Congress, a co-equal
branch of government, cannot be reviewed by SC.

Resignation of the President

Estrada vs Desierto
One-liner: Estradas acts and omissions before, during and after Arroyos oathtaking, or taking into account the
totality of prior, contemporaneous and posterior facts and circumstantial evidence bearing a material relevance on
the issue, implied his resignation from presidency.
Facts: Estrada claims he did not resign as President, but merely was on leave on the ground that he is unable to
govern temporarily. He wrote a letter (see above) about it. Further, Estrada relies on RA No. 3019 (AGACPA)
prohibiting his resignation from office. The circumstances surrounding the case were based on an Angara Diary.
Estrada: (to Angara) Ayoko na, masyado nang masakit x x x
Negotiations involving Estradas resignation and Arroyos assumption took place.
Issue: WON Estrada has resigned as President before Arroyo took her oath as President.
Held: Yes. Elements of resignation are (1) there must be an intent to resign and (2) the intent must be coupled by acts
of relinquishment. It is not governed by any formal requirement it can be oral, written, express or implied. As
regards the letter re: inability to govern, if it was prepared before the press release of the petitioner clearly showing
his resignation from the presidency, then the resignation must prevail as a later act. If, however, it was prepared after
the press release, still, it commands scant legal significance. Petitioner's resignation from the presidency cannot be
the subject of a changing caprice nor of a whimsical will especially if the resignation is the result of his repudiation by
the people. Further, reliance on RA No. 3019 was misplaced. The intent of the law is to prevent the act of resignation
or retirement from being used by a public official as a protective shield to stop the investigation of a pending criminal
or administrative case against him and to prevent his prosecution. But no person can be compelled to render service
if he wants to retire or resign.

Vacancy in the Office of the Vice-President, how filled

Art VII, Sec 9, 1987 Constitution
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.
Estrada vs Desierto
One-liner: Upon nomination for VP of the President from among the Congress members, both Houses of Congress
shall confirm such by voting separately.
Facts: After assumption into office, Pres. Arroyo nominated Sen. Guingona as her Vice President. Both the Senate and
House of Reps separately resolved to confirm such nomination. Thereafter, Guingona took his oath as Vice President.
Issue: WON Guingonas assumption to Vice Presidency was proper.

01_President and Vice-President

MHH_2.2_Election

Held: Yes.
EDSA People Power 1
Involves the exercise of the people power of
revolution which overthrew the whole govt

Extra constitutional
Legitimacy of the new govt that resulted from it
cannot be subject to judicial review

Presented a political question

EDSA People Power 2

An exercise of people power of freedom of speech
and freedom of assembly to petition the govt for
redress of grievances which only affected the Ofc
of the President
Intra constitutional
The resignation of the sitting President and that is
caused the succession of the VP are subject to
judicial review
Involves legal questions

Vacancy in both the Presidency and Vice-Presidency, how filled

Art VII, Sec 10, 1987 Constitution
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 V1 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 V1 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.
Art VI, Sec 25(4), 1987 Constitution ???
A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually
available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.