Article VII

PREPARED BY:
MS. ANNALENE R. OLIT

The executive power shall be vested in the

President of the Philippines.

Power to administer laws

Enforcing of laws

President

Chief Executive
Head of the State
Head of the Government

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 Philippine Citizen

Registered voter
Able to read and write
At least 40 years old
Resident of the Philippines for at least 10
years

The Comelec set the deadline for the filing

of the certificate of candidacy on March 15,
2012. You were born on May 15, 1972.
Elections in the Philippines is usually held
every 10th of May.

Can you qualify for the position of

Presidency based on the age requirement?

Assuming than a Presidential election is scheduled to occur

on May 10, 2012. The Comelec set the deadline of the filing
of the certificate of candidacy on Oct. 10, 2011. For the most
part of your life, you were living outside the Philippines but
you are still a natural-born Filipino citizen. However, on Dec.
15, 2001, you decided to moved back to the Philippines for
good. Moreover, since you were able to experienced the
good life outside the country, you decided that you want to
run for the coming elections with the platform in mind of
replicating the programs you witnessed abroad.

Considering all other requirements are met, paying closer

attention to the residency requirement, are you eligible to
run for the Presidency position?

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.

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.

President

6 years term

June 30th

Non-renewable

Vice-President
6 years term

Renewable

Why?

Subject to pressures
Can used incumbent
position as an advantage
First term is used to
ensure reelection
Give chance to others
Prevent nepotism and
political dynasties

June 30th
Another 6 year term
2 successive terms

VP succeeded as
President

If served for more than 4

years
Disqualified
Pres. Arroyo

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.

Elected at large

Through the system of direct voting

People directly vote their favored candidate

In case of a tie

Congress decides the winner

2/3 vote, voting separately

Perfect example of the system of checks

and balance

3 branches are involved

Executive being elected

Legislative canvass votes
Judiciary resolves issues

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.

Malacaang Palace

May Lakan diyan

There is a noble there

Malacaan

Official residence of the President itself

House where the President is staying

Malacaang
Office of the President

Art XVIII Section 17

Until the Congress provides otherwise, the

President shall receive an annual salary of Php
300,000
Pres. Arroyo issued Exec. Order no. 611
10% increase over the basic monthly salary of all
civilian government personnel
Previous Php 60,000
Php 95,000 (2010)
First pay check of PNoy (Php 63,000)

(2011) Php 107,000

(2012) Php 120,000

2010 Php 79, 451

2011 Php 91,000

2012 Php 103,000

In case of death, permanent disability, removal from

office, or resignation of the President, the VicePresident 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.

Vice President
Senate President
House Speaker
Appointed Acting President

(Chief Justice)

Only the Vice President can succeed the

President
Others will be just on acting capacity until
replacements are elected and qualified

When does a VP performs acting Capacity

President has not been qualified yet

Not yet proclaimed and its already 12 noon of the
30th of June (Sec. 4)

No president has been chosen yet

Deadlock or tie

Temporary inability of the President

Out of the country visits
Sick

When does a VP takes over Presidency?

If the President has become permanently disabled

Death
Removal from office (Impeachment)
Resignation of the President

Permanent vacancy in the Office of the President

Resignation of Erap
Presidential Impeachment
Death of President Magsaysay

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.

Chosen by the President

Senators
Congressmen

Subject to the confirmation of the both houses

of Congress

Majority Vote
Voting separately

Who would want to contradict the appointee of

the new President?

Senator Teofisto Guingona

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.

Art 7 Sec 3

A Vice President can be removed in office the same

manner as the President

Art XI Sec 2

The President, the Vice-President, the Members of

the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman
may be removed from office on impeachment for,
and conviction of, culpable violation of the
Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of
public trust. All other public officers and
employees may be removed from office as
provided by law, but not by impeachment.

Method of inquiry into the conduct, behavior

and action of public officials

Agenda:

not to prove whether official should be convicted or not

Removal from office

For necessary cases to be filed against them

Conviction

Protect people from delinquent officials

Protection of the State

President and Vice-President

Members of Supreme Court

Judges

Members of the Constitutional Commission

Ombudsman

Members of the Senate and House of

Representatives?

Violation of the Constitution

Violations committed intentionally

Treason

War against the Philippines

Adherence to enemies of State

Bribery
Graft and Corruption
Betrayal of Public Trust

Behaviors or actions that lead to the lost of the

officers popular support
Hello Garci Issue

Filing of Complaint

1.

Citizen-initiated

Any citizen, under oath

Endorsement of member of the House
Order of Business (3 session days)
Impeachment Committee Level (60 session days)
Plenary Level

1/3 of the members of the House

Articles of Impeachment

Members of the House-initiated

Impeachment Committee Level (60 session days)

1/3 of the members of the House
Articles of Impeachment

Trial by Senate

2.

Senates convene as an Impeachment Court

Under oath
If impeachment is against the President

Chief Justice presides the proceedings but does not

vote

Senators served as the Jury

Trial by Jury

Requirements for Conviction

3.

2/3 members of the Senate

Guilty beyond reasonable Doubt

No impeachment proceedings shall be

initiated against the same official more
than once a year

What will be the penalty of a convicted

official under an impeachment proceedings?
Removal from office
Disqualification from holding public office

Impeachment proceedings to continue even if the

official already resigned from position

No fine or imprisonment can be imposed

When the official is no longer in office, civil

cases can now be filed so that fine and
imprisonment penalties can be sanctioned

No treaty or international agreement shall

be valid and effective unless concurred in
by at least two-thirds of all the Members of
the Senate.

A compact made between two or more

states, or international organizations
Intended to create binding rights and
obligations among parties

2 types

Bilateral
Visiting Forces Agreement
Extradition Treaties

Multilateral
UNCLOS

Negotiation

President has the sole authority to negotiate and

initiate an international agreement or treaty
Haggle
Offer something
President is in the best position to haggle

Access to Information that are vital to the success of the

negotiations

Ratification

Concurrence of 2/3 of members of Senate

Japan-Philippine Economic Partnership

Agreement (JPEPA)

Pertinent details were arranged by the executive

Ratified by Senate