1935 ARTICLE VII

Executive Department

Section 1. The executive power shall be vested in a President of the Philippines.

Section 2. The President shall hold his office during a term of four years and together
with the Vice-President chosen for the same term, shall be elected by direct vote of the
people. 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 seat of the
National Government, directed to the President of the Senate, who shall, in the
presence of the Senate and the House of Representatives, open all the certificates, and
the votes shall then be counted. The person respectively having the highest number of
votes for President and Vice-President shall be declared elected, but in case two or
more shall have an equal and the highest number of votes for their office, one of them
shall be chosen President or Vice-President, as the case may be, by a majority vote of
the Members of the Congress in joint session assembled.

Section 3. No person may be elected to the office of the President or Vice-President

unless he is a natural born citizen of the Philippines, a qualified voter, forty years of age
or over, and has been a resident of the Philippines for at least ten years immediately
preceding the election.

Section 4. Elections for President and Vice-President shall be held once every four
years on a date to be fixed by law.

The terms of the President and Vice-President shall end at noon on the thirtieth day of
December following the expiration of four years after their election, and the terms of
their successors shall begin from such time.

Section 5. No person shall serve as President for more than eight consecutive years.
The period of such service shall be counted from the date he shall have commenced to
act as President. Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of the service of the incumbent for the full
term for which he was elected.

Section 6. If, at the time fixed for the beginning of the term of the President, the
President-elect shall have died, the Vice-President-elect shall become President. If a
President shall not have been chosen before the time fixed for the beginning of his term
or if the President shall have failed to qualify, then the Vice-President shall act as
President until a President shall have qualified, and the Congress may by law provide
for the case wherein neither a President-elect nor a Vice-President-elect shall have
qualified, declaring who shall then act as President, or the manner in which one who is
to act shall be selected, and such person shall act accordingly until a President or Vice-
President shall have qualified.
Section 7. Before he enters on the execution of his office, the 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 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)

Section 8. In the event of the removal of the President from office, or his death,
resignation, or inability to discharge the powers and duties of the said office, the same
shall devolve on the Vice-President, and the Congress shall by law provide for the case
of removal, death, resignation, or inability, both of the President and Vice-President,
declaring what officer shall then act as President, and such officer shall act accordingly,
until the disability be removed, or a President shall be elected.

Section 9. The President shall have an official residence and receive a compensation to
be ascertained by law which shall be neither increased nor diminished during the period
of which he shall have been elected, and he shall not receive within the period any other
emolument from the Government or any of its subdivisions or instrumentalities. Until the
Congress shall provide otherwise, the President shall receive an annual salary of thirty
thousand pesos. The Vice-President, when not acting as President, shall receive an
annual compensation of fifteen thousand pesos until otherwise provided by law.

Section 10. (1) The President shall have control of all executive departments, bureaus
or offices, exercise general provision over all local governments as may be provided by
law, and take care that the laws be faithfully executed.

(2) The President shall be 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, insurrection, or rebellion. In case of invasion,
insurrection, or rebellion or imminent danger thereof, when the public safety requires it,
he may suspend the privilege of the writ of habeas corpus, or place the Philippines or
any part thereof under Martial Law.

(3) The President shall nominate and with the consent of the Commission on
Appointments, shall appoint the heads of the executive departments and bureaus,
officers of the Army from the rank of colonel, of the Navy and Air Forces from the rank
of captain or commander, and all other officers of the Government whose appointments
are not herein otherwise provided for, and those whom he may be authorized by law to
appoint; but the Congress may by law vest the appointment of inferior officers, in the
President alone, in the courts, or in the heads of departments.

(4) The President shall have the power to make appointments during the recess of the
Congress, but such appointments shall be effective only until disapproval by the
Commission on Appointments or until the next adjournment of the Congress.
(5) The President shall from time to time give to the Congress information on the state
of the Nation, and recommend to its consideration such measures as he shall judge
necessary and expedient.

(6) The President shall have the power to grant reprieves, commutations, and pardons,
and remit fines and forfeitures, after conviction, for all expenses except in case of
impeachment, upon such conditions and with such restrictions and limitations as he
may deem proper to impose. He shall have the power to grant amnesty with the
concurrence of the Congress.

(7) The President shall have the power, with the concurrence of two-thirds of all the
Members of the Senate to make treaties, and with the consent of the Commission on
Appointments, he shall appoint ambassadors, other public ministers, and consuls. He
shall receive ambassadors and other public ministers duly accredited to the
Government of the Philippines.

Section 11. (1) The executive departments of the present Government of the Philippine
Islands shall continue as now authorized by law until the Congress shall provide
otherwise.

(2) The heads of the departments and chiefs of bureaus or offices and their assistants
shall not, during their continuance in office, engage in the practice of any profession, or
intervene, directly or indirectly, in the management or control of any private enterprise
which in any way may be affected by the functions of their office; nor shall they, directly
or indirectly, be financially interested in any contract with the Government, or any
subdivision or instrumentality thereof.

(3) The President may appoint the Vice-President as a member of his Cabinet and also
as head of an executive department.
 ARTICLE VII

1973 ARTICLE VII: THE PRESIDENT AND VICE-PRESIDENT

Section 1. The President shall be the head of state and chief executive of the Republic
of the Philippines.

Section 2. There shall be a Vice-President who shall have the same qualifications and
term of office as the President and may be removed from office in the same manner as
the President as provided in Article XIII, Section 2 of this Constitution.

The Vice-President may be appointed as a member of the Cabinet and may be

nominated and elected as Prime Minister.

The Vice-President shall be elected with and in the same manner as the President.

The President shall be elected from among the Members of the National Assembly by a
majority vote of all its Members for a term of six years from the date he takes his oath of
office, which shall not be later than three days after the proclamation of the National
Assembly, nor in any case earlier than the expiration of the term of his predecessor.
Upon taking his oath of office, the President shall cease to be a Member of the National
Assembly and of any political party. He shall be ineligible to hold any other elective
office during his term.

Section 3. No person may be elected President unless he is at least fifty years of age at
the day of his election as President, and a resident of the Philippines for at least ten
years immediately preceding his election. However, if no Member of the National
Assembly is qualified or none of those qualified is a candidate for President, any
Member thereof may be elected President.

Section 4.

1. The President shall have an official residence and shall receive a compensation to be
fixed by law, which shall not be increased or decreased during his term of office. He
shall not receive during his tenure any other emolument from the government or any
other source. Until the National Assembly shall provide otherwise, the President shall
receive an annual salary of one hundred thousand pesos.

2. The President shall not during his tenure, hold any appointive office, practice any
profession, participate directly or indirectly in the management of any business, or 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 government-owned or controlled corporations.

Section 5. In case of permanent disability, death, removal from office, or resignation of
the President, the Speaker of the National Assembly shall act as President until a
successor has been elected for the unexpired portion of the term of the President.

Section 6. The President shall have the following duties and functions:

1. Address the National Assembly at the opening of its regular session.

2. Proclaim the election of the Prime Minister.

3. Dissolve the National Assembly and call for a general election as provided herein.

4. Accept the resignation of the Cabinet as provided herein.

5. Attest to the appointment or cessation from office of Members of the Cabinet, and of
other officers as may be provided by law.

6. Appoint all officers and employees in his office in accordance with the Civil Service
Law.

7. Perform such other duties and functions of State as may be provided by law.
 1987: ARTICLE VII

Executive Department

SECTION 1. The executive power shall be vested in the President of the Philippines.

SECTION 2. 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.

SECTION 3. 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 Vice-President may be appointed as a Member of the Cabinet. Such appointment

requires no confirmation.

SECTION 4. 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 reelection. 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 consecutive 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 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.

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.” (In case of affirmation, last sentence will
be omitted.)

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.

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.

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.

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 who shall
assume office upon confirmation by a majority vote of all the Members of both Houses
of the Congress, voting separately.

SECTION 10. 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 VI 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 VI 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.

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.

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. 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 the President; otherwise,
the President shall continue exercising 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, Vice-President, the Members of the Cabinet, and their
deputies or assistants shall not, unless otherwise provided in this Constitution, hold any
other office or employment during their tenure. They shall not, during said tenure,
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. They shall
strictly avoid conflict of interest in the conduct of their office.

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 the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including government-owned or controlled
corporations and their subsidiaries.

SECTION 14. Appointments extended by an Acting President shall remain effective,

unless revoked by the elected President within ninety days from his assumption or
reassumption 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.
SECTION 16. 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. He shall also appoint all other officers of the Government whose
appointments are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the appointment of other
officers lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective
only until after disapproval by the Commission on Appointments or until the next
adjournment of the Congress.

SECTION 17. The President shall have control of all the executive departments,
bureaus, and offices. He shall ensure that the laws be faithfully executed.

SECTION 18. 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. In case of invasion or
rebellion, when the public safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or place the Philippines or any
part thereof under martial law. Within forty-eight hours from the proclamation of martial
law or the suspension of the privilege of the writ of habeas corpus, the President shall
submit a report in person or in writing to the Congress. The Congress, voting jointly, by
a vote of at least a majority of all its Members in regular or special session, may revoke
such proclamation or suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period to be determined by the Congress,
if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without any need of a
call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of
the privilege of the writ or the extension thereof, and must promulgate its decision
thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant
the functioning of the civil courts or legislative assemblies, nor authorize the conferment
of jurisdiction on military courts and agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons judicially charged
for rebellion or offenses inherent in or directly connected with the invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained
shall be judicially charged within three days, otherwise he shall be released.

SECTION 19. Except in cases of impeachment, or as otherwise provided in this

Constitution, the President may grant reprieves, commutations and pardons, and remit
fines and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all
the Members of the Congress.

SECTION 20. The President may contract 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 be provided by law. The Monetary Board shall, within
thirty days from the end of every quarter of the calendar year, submit to the Congress a
complete report of its decisions on applications for loans to be contracted or guaranteed
by the Government or government-owned and controlled corporations which would
have the effect of increasing the foreign debt, and containing other matters as may be
provided by law.

SECTION 21. 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.

SECTION 22. The President shall submit to the Congress within thirty days from the
opening of every regular session, as the basis of the general appropriations bill, a
budget of expenditures and sources of financing, including receipts from existing and
proposed revenue measures.

SECTION 23. The President shall address the Congress at the opening of its regular
session. He may also appear before it at any other time.