ARTICLE VII.

THE LEGISLATIVE DEPARTMENT  The presidency includes many other functions than just being chief
executive
SECTION 1. The executive power shall be vested in the President of the  The first lady, if there happens to be one and depending on the
Philippines. Lady’s inclination, can get a fair share of “flirtations with
vulgarity”
I. THE EXECUTIVE POWER  The president still remains the lion’s share of the glory

 The 1987 Constitution: The constitutional system returns to the III. IMMUNITY FROM SUIT
presidential mode of the 1935 Constitution  There is no provision in the constitution clothing the President
 Vesting executive power in 1 person rather than in a plural with immunity from suit during his tenure
executive, the evident intention was to invest the power holder  1973 Constitution: has a specific provision guaranteeing the
with energy president’s immunity and that of other executive officers
 The president to test the extent of those powers to the limits and  1987 Constitution: did not preserve this provision
even overwhelm the 2 other coequal departments  According to Father Bernas, it is understood in PH jurisprudence
 Specific powers given to the President: that the President may not be sued during his tenure
1. To appoint  PRINCIPLE OF NON-LIABILITY
2. To ensure that the laws are faithfully executed o Does not mean:
3. To be Commander-in-Chief of the Armed forces - That the judiciary has no authority to touch the acts of
4. To grant clemency those Governor-General
5. To contract foreign loans - That he may, under cover of his office, do what he will,
 It cannot be denied that the president, upon whom executive power unimpeded and unrestrained. Such construction would
is vested, has unstated residual powers which are implied from the mean tyranny
grant of executive power and which are necessary for her to - The chief executive may not be personally sued at all
comply with her duties under the constitution in relation to acts which he claims to perform as such
 The powers of the president are not limited to what are expressly official
enumerated in the article on the executive department and in o It does mean:
scattered provisions of the constitution - The governor-general, like judges of the courts and the
 President has powers other than those expressly stated in the members of the legislature, may not be personally
Constitution mulcted in civil damages
- The liability of judges and drew an analogy between
such liability and that of the Governor General that the
latter is liable when he acts in a case so plainly outside
II. CEREMONIAL FUNCTIONS of his power/authority
  According to Section 17 of Article 7 under the 1973 Constitution:  The court too does modify or even dispense with its own rules
o The intent was to give the President absolute immunity
even for a wrong doing committed during his tenure V. THE CABINET
o Dealing with immunity after tenure, was only for official  The cabinet itself as an institution is extra-constitutionally created
acts  CABINET: Consists of the heads of departments who through
o The language of the Court goes beyond merely saying that usage have formed a body of presidential advisers who meet
a non-sitting President does not enjoy immunity from suit regularly with the president.
 What has been rejected by the new Constitution is the expansive  Although they are the principal officers through whom the
notion of immunity president executes the law, the President, through his power of
 Once out office, however, even before the end of the 6-year term, control over them and his power to remove them at will, remains
immunity for non-official acts is lost the chief of administration

IV. EXECUTIVE PRIVILEGE SECTION 2. No person may be elected President unless he is a natural-
 Executive Privilege: The power of the President to withhold born citizen of the Philippines, a registered voter, able to read and write,
certain types of information from the courts, the Congress, and at least forty years of age on the day of the election, and a resident of the
ultimately the public Philippines for at least ten years immediately preceding such election.
 Types of Information:
1. Subvert military or diplomatic objectives I. QUALIFICATIONS OF THE PRESIDENT
2. Information about the identity of persons who furnish  Qualifications:
information of violations of law 1. Natural Born Citizen
3. Information about internal deliberations - Those who are citizens of the PH from birth without
 Executive Privilege is recognized with respect to information the having to perform an act to acquire or perfect their
confidential nature of which is crucial to the fulfillment of the citizenship
unique role and responsibilities of the executive branch 2. A Registered Voter
 Doctrine of Executive Privilege: Premised on the fact that certain 3. Able to Read and write
information must, as a matter of necessity, be kept confidential in 4. At least 40 years old
pursuit of the public interest 5. Resident of the PH
 See executive privilege vis-à-vis the power of Congress to use - Residency Requirement:
compulsory process a. Bodily presence in the locality
 Claim of privilege must be stated with sufficient particularity to b. Intention to remain there
enable Congress or the court to determine its legitimacy c. Intention to abandon old domicile
 Presidential Communication is a presumptively privileged but still
subject for rebuttal
SECTION 3. There shall be a Vice-President who shall have the same Unless otherwise provided by law, the regular election for President and
qualifications and term of office and be elected with and in the same Vice-President shall be held on the second Monday of May.
manner as the President. He may be removed from office in the same
manner as the President. The returns of every election for President and Vice-President, duly
certified by the board of canvassers of each province or city, shall be
The Vice-President may be appointed as a Member of the Cabinet. Such transmitted to the Congress, directed to the President of the Senate. Upon
appointment requires no confirmation. 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
I. THE VICE PRESIDENT the presence of the Senate and the House of Representatives in joint
public session, and the Congress, upon determination of the authenticity
 The vice-president is essentially a president in reserve and due execution thereof in the manner provided by law, canvass the
votes.
 The same qualifications as a President, is elected with and to the
same term as the President, and may be removed from office in the The person having the highest number of votes shall be proclaimed
same manner as the President; BUT, unless he is appointed as a elected, but in case two or more shall have an equal and highest number
member of the cabinet or is given some executive function 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.
 President is NOT OBLIGED to give the Vice-President a cabinet
position because the President must be free to choose for his The Congress shall promulgate its rules for the canvassing of the
cabinet people who are his trusted personal choices. certificates.

SECTION 4. The President and the Vice-President shall be elected by The Supreme Court, sitting en banc, shall be the sole judge of all contests
direct vote of the people for a term of six years which shall begin at noon relating to the election, returns, and qualifications of the President or
on the thirtieth day of June next following the day of the election and Vice- President, and may promulgate its rules for the purpose.
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 I. ELECTION OF THE PRESIDENT AND VICE-PRESIDENT
President and has served as such for more than four years shall be  1935 Constitution: Provided for a president elected by direct vote
qualified for election to the same office at any time. of the people
 1973 Constitution: Parliamentary
No Vice-President shall serve for more than two consecutive terms.  1987 Constitution: Revert back to elections
Voluntary renunciation of the office for any length of time shall not be  The 1987 Constitution has preserved that concept
considered as an interruption in the continuity of the service for the full
term for which he was elected.
 V. PRESIDENTIAL AND VICE-PRESIDENTIAL
II. TERM OF THE PRESIDENT AND VICE-PRESIDENT CONTROVERSIES
 The president is given a fixed term of 6 years to begin at noon on  The last paragraph of Section 4 now fills that void
June 30th following the day of the election and to end at noon also  R.A No. 1793 has now become a constitutional provision
on June 30th 6 years after  The rule in presidential contests is that only 2 persons, the 2 nd and
 The fixing of the exact time and date for the start and ending of the 3rd placers, may contest the election
term excludes the right to “hold-over”  The rule effectively excludes the widow of a losing candidate
 At noon on June 30 6 years after the start of the term, either the  The Power of the court as Tribunal includes the power to correct
newly elected President takes over or the rule on filling such manifest errors on the statements of votes and certificates of
vacancies found in Section 7 becomes operative canvass
 They may not serve for more than 2 successive terms
 VP succeeds to the presidency, if he serves for less than 4 years, he
may run for election as president since in his case it would not be a SECTION 5. Before they enter on the execution of their office, the
re-election President, the Vice-President, or the Acting President shall take the
following oath or affirmation:
III. THE CONGRESS AS NATIONAL BOARD OF CANVASSERS
 The 4th, 5th and 6th paragraphs of Section 4 make the Congress the “I do solemnly swear (or affirm) that I will faithfully and conscientiously
national board of canvassers for presidential and vice-presidential fulfill my duties as President (or Vice-President or Acting President) of
elections the Philippines, preserve and defend its Constitution, execute its laws, do
 The Congress is now given authority to make a “determination of justice to every man, and consecrate myself to the service of the Nation.
the authenticity and due execution” of the returns coming from So help me God.” (In case of affirmation, last sentence will be omitted.)
provincial and city boards of canvassers in accordance with the
manner to be provided by law, that us, by Congress itself. SECTION 6. The President shall have an official residence. The salaries
of the President and Vice-President shall be determined by law and shall
IV. BREAKING A PRESIDENTIAL OR VICE-PRESIDENTIAL not be decreased during their tenure. No increase in said compensation
TIE shall take effect until after the expiration of the term of the incumbent
 Congress also has authority to break a tie in presidential and vice- during which such increase was approved. They shall not receive during
presidential elections their tenure any other emolument from the Government or any other
 The 5th paragraph of Section 4 provides the method of breaking ties source.
 The tie is broken by a vote of a majority of all members of the
Congress, voting separately 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 elected and qualified, and be subject to the same restrictions of powers
President until the President-elect shall have qualified. and disqualifications as the Acting President.

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.
I. FILLING VACANCY IN THE PRESIDENCY
If at the beginning of the term of the President, the President-elect shall  2 sets of rules for filling a vacancy
have died or shall have become permanently disabled, the Vice-President- 1. Section 7: applies when the vacancy occurs at the start of the
elect shall become President. term
2. Section 8: applies when a vacancy occurs in mid-term
Where no President and Vice-President shall have been chosen or shall  A president has no right to “hold-over”
have qualified, or where both shall have died or become permanently  A vacancy can also occur when an incumbent president dies, is
disabled, the President of the Senate or, in case of his inability, the permanently disabled, is removed from office, or resigns. (Section
Speaker of the House of Representatives shall act as President until a 8 applies)
President or a Vice-President shall have been chosen and qualified.  Of the 4 cases, permanent disability is perhaps the most shrouded
obscurity
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 II. FROM ESTRADA TO ARROYO
shall have qualified, in case of death, permanent disability, or inability of  Permanent Disability from 2 perspectives:
the officials mentioned in the next preceding paragraph. 1. Objectively
2. Subjectively
SECTION 8. In case of death, permanent disability, removal from office,  To constitute a complete operative resignation of a public
or resignation of the President, the Vice-President shall become the official:
President to serve the unexpired term. In case of death, permanent 1. The intention to relinquish part of the term
disability, removal from office, or resignation of both the President and 2. An act of relinquishment
Vice-President, the President of the Senate or, in case of his inability, the  The 3 part-test for such duress:
Speaker of the House of Representatives, shall then act as President until 1. Whether one side involuntarily accepted the others term
the President or Vice-President shall have been elected and qualified. 2. Whether circumstances permitted no other alternative
3. Whether such circumstances were the result of coercive acts of
The Congress shall, by law, provide who shall serve as President in case the opposite side
of death, permanent disability, or resignation of the Acting President. He
 Factors to be considered under this test:
shall serve until the President or the Vice-President shall have been
1. Whether the employee was given some other alternative to
resignation
 2. Whether the employee understood the nature of the choose he special election postponed. No special election shall be called if the
or she was given vacancy occurs within eighteen months before the date of the next
3. Whether the employee was given a reasonable time in which to presidential election.
choose
4. Whether he or she was permitted to select the effective date of I. VACANCY IN BOTH THE PRESIDENCY AND VICE-
resignation PRESIDENCY
 Section 10 is another new rule
SECTION 9. Whenever there is a vacancy in the Office of the Vice-  It deals with the rather rare probability of having a vacancy
President during the term for which he was elected, the President shall in both the presidency and vice-presidency
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, SECTION 11. Whenever the President transmits to the President of the
voting separately. Senate and the Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and duties of his
I. VACANCY IN THE OFFICE OF THE VICE-PRESIDENT office, and until he transmits to them a written declaration to the
 Section 9 is a new rule contrary, such powers and duties shall be discharged by the Vice-
 The president is authorized to nominate a member of Congress President as Acting President.
from either the Senate or HOR to fill a vacated office of the Vice-
President Whenever a majority of all the Members of the Cabinet transmit to the
 Majority vote of all the members of both houses voting separately President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is unable to
SECTION 10. The Congress shall, at ten o’clock in the morning of the discharge the powers and duties of his office, the Vice-President shall
third day after the vacancy in the offices of the President and Vice- immediately assume the powers and duties of the office as Acting
President occurs, convene in accordance with its rules without need of a President.
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 Thereafter, when the President transmits to the President of the Senate
days nor later than sixty days from the time of such call. The bill calling and to the Speaker of the House of Representatives his written
such special election shall be deemed certified under paragraph 2, Section declaration that no inability exists, he shall reassume the powers and
26, Article VI of this Constitution and shall become law upon its approval duties of his office. Meanwhile, should a majority of all the Members of
on third reading by the Congress. Appropriations for the special election the Cabinet transmit within five days to the President of the Senate and
shall be charged against any current appropriations and shall be exempt to the Speaker of the House of Representatives their written declaration
from the requirements of paragraph 4, Section 25, Article VI of this that the President is unable to discharge the powers and duties of his
Constitution. The convening of the Congress cannot be suspended nor the 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.

I. INCAPACITY OF THE PRESIDENT

 Section 11 deals with the thorny issue of deciding whether
the President is still able to perform his functions or not
 If the president is able to make the decision and is willing
to declare himself disabled, he certainly has the power to
declare so.