ARTICLE VII: EXECUTIVE DEPARTMENT
Main motivation and intent of the drafters of Art VII : prevent the recurrence of another despot like the discredited exdictator. Executive Power: power to enforce and administer the laws.
President assumes a plenitude of authority, and corresponding authority that make him the most influential person in the land.
Qualifications: Art VII Section 2: 1. Natural Born citizen of the PH; 2. Registered voter; 3. Able to read and write; 4. At least 40 years of age at the day of election; 5. Resident of the PH for at least 10 years immediately preceding the election.
*Qualifications are exclusive.
*Age-Qualification in Suffrage: From 21-18 (Reason: Supposed increased sense of responsibility and competence of the younger citizens.) *Resident Qualification: Ensure close touch by the President with the country of which he is to be the highest official and familiarity with its conditions and problems, the better for him to discharge his duties effectively.
Election and Proclamation: President and Vice-President: elected by DIRECT VOTE of people.
*Regular Presidential Elections: 6 year intervals nd (2 Monday of May) *Canvass and Proclamation: Art. VII, Sec. 4 1. Returns of every election for P and VP as duly certified by the Board of Canvassers is transmitted to the Congress (directed to the Senate President)
*Expressio unius est exclusion alterius: Congress does not have the power to increase or reduce the qualifications.
2. Senate President shall, not later than 30 days from the date of election, open all certificates in the presence of BOTH houses of the Congress in a Joint Session;
*Natural-born citizen: one who is a citizen of the PH from birth without having to perform any act to acquire or perfect his PH citizenship.
3. Congress, upon determination authenticity, canvass the votes.
*Naturalized citizen: Acquires his PH citizenship after birth by any of the modes allowed by law. *Taking Oath of Allegiance : citizen ceases to be a dual citizen and is deemed to have reacquired and retained their PH citizenship. *Age-Qualification: 1935 Consti: 40 years 1973 Charter: 55 years (Reason: More maturity was needed to the highest official of land)
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*Person with the highest votes: proclaimed winner. *In case of tie: Vote of majority of all the members of the congress will suffice. *Supreme Court: sole judge of all the contests relating to elections, returns and qualifications of the P and VP, and may promulgate rules for the purpose. *Presidential Electoral Tribunal (PET) of Supreme Court: Sole judge; An institution independent, nut not separate from the Judicial Dept; Designed simply to highlight the
singularity and exclusivity of the Tribunal’s
functions as a special electoral court.
Term: 6 years commencing at noon on the th 30 day of June next following the year of election.
*President is not eligible for any re -election. *No person who succeeded as President and served as such for more than 4 years shall be qualified for election for the same office. *Manuel Quezon: “Six years is too long for a bad president and too short for a good president”.
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*1 Case: Death or Permanent Disability of the President: Vice President SHALL become President. nd
*2 Case: Failure to elect the President (canvass has not been completed/no presidential elections were held): Vice President MERELY ACTS as President rd
*3 Case: Failure of the President to qualify: Vice President MERELY ACTS as President *Section 8: Vacancies in the Office of the President during his Incumbency: 1. Death
The Vice-President: Art VII, Sec 4 1. Elected directly by People; 2. With a term of 6 years; 3. Can only be removed through Impeachment (just like the President); 4. Qualifications the same as President; 5. May be appointed as a Member of the Cabinet (Rationale: to prevent him from being a mere presidential stand-by with nothing to do than pray for the vacancy in the Presidency) 6. No VP shall serve for more than 2 consecutive terms; 7. In case of Vacancy, the President nominates VP from HR or Senate who shall assume office by majority vote of both houses
2. Permanent Disability (Incurable insanity)
Presidential Succession: 2 Rules (Sec. 7 and 8) Sec. 7: Vacancies occurring before the President’s term Sec. 8: Vacancies occurring afterwards
*Section 10: Congress shall enact a law calling for SPECIAL ELECTION from the day it convenes in case of vacancy in the Presidential and Vice Presidential Seat: shall be held not earlier than 45 days but not later than 60 days; No special election if vacancy occurs 18 months (1 ½) year before the next presidential election.
*Section 7:
3. Removal 4. Resignation
Ineligibility to discharge functions: Sec. 11-12
*Sec. 11: President transmits to the Senate President and the Speaker his written declaration that he is UNABLE to discharge functions: VP shall be ACTING President (upon majority votes of both houses) *President transmits written declaration that no inability exists: He shall reassume powers except if Members of Cabinet transmit within 5 days a written declaration for the contrary, Congress shall decide the issue (determine within 10 days after receipt of WD or if not in session, within 12 days after assembly; 2/3 of both Houses)
Oath of Office: Section 5: intended to deepen the sense of responsibility of the President and ensure a more conscientious discharge of his office.
Perquisites and Inhibitions: Sec. 6: Prohibition against increase or decrease in the P and VP’s salary during their tenure including other emolument from the government or private sector.
*Emolument: profit arising from office or employment.
Sec. 13: The P, VP, Members of the Cabinet or other deputies shall not hold any other office or employment during their tenure. The spouse and relatives by consanguinity or affinity w/in 4 th civil degree of the President shall not during his tenure be appointed as Members of Constitutional Commission, or Office of the Ombudsman, Secretaries, Undersecretaries (etc) (does not preclude him from appointing his relatives to the Judiciary: Judiciary requires qualifications so the appointing power will not be abused because the person to be appointed is qualified to assume office and perform duties)
*Reason: Public office is a public trust and should not be abused for personal advantage. *Sec. 13 prohibition does not apply to posts occupied by Executive officials without additional compensation in an ex-officio capacity as provided by law and as required by the primary functions of his office. (Reason: Posts do not comprise “any other office” prohibition)
Executive Privilege: Not conferred by the constitution; essential to exercise his powers as Chief Executive
Executive Privilege: Power of the Government to withhold information from the public, the courts and the congress.
Informer’s Privilege: The privilege
of the Govt. not to disclose the identity of the person who furnishes info on violations of law to officers charged with enforcement of the law.
Presidential Communications Privilege: privilege without distinguishing matters involving national security or not.
*Rationale: Frank exchange of exploratory ideas and assessments, essential to protect the independence of decision making of the three branches of the government.
Deliberative Process covers documents advisory recommendations deliberations
Privilege: reflecting opinions, and
Diplomatic Negotiations Privilege: meant to encourage frank exchange of exploratory ideas between the negotiating parties by shielding it from public view.
1. Informer’s Privilege: need not be matters affecting national security 2. Presidential Communications Privilege: decision making of the President Elements: Protected communication must o relate to a quintessential and nondelegable presidential power (power to enter in executive agreements) o Communication must be authored by a close advisor of the president (eg. Members of the Cabinet)
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Remains a qualified privilege that may be overcome by adequate need of the info (likely contains important evidence)
*Presidential Communications Privilege is NOT ABSOLUTE: It cannot invoke the general confidentiality privilege to shield its officials and employees from investigations by proper governmental institutions into possible criminal wrong-doing. 3. Deliberative Process Privilege: officials will not communicate candidly among themselves if each remark is potential item of discovery; Objective: to enhance the quality of agency decisions. 4. Diplomatic Negotiations Privilege: for the confidential character of diplomatic negotiations and the independence of the President’s decision making as the sole organ of the nation in its external relations; Must be confidential. *Executive Privilege: recognized with respect to in confidential information which is crucial to the fulfillment of their official duties. *President and Members of the Supreme Court is exempted from Congress’ power o f inquiry. *Upon determination of the designated head of office or the President that an official is covered with the executive privilege, it bars the appearance of the officer unless the same is permitted by the President. (basis of not showing up in the legislative investigation)
Presidential Immunity: Rule: unlawful acts of public officials are not acts of the State, and the officer who acts illegally is not acting as such but stands in the same footing as any other trespasser. (Immunity covers only official acts) Doctrine that the President, during his tenure or incumbency, may not be sued in
any criminal or civil case (Why?: It will degrade the dignity of the highest official of land or the Head of State if he can be dragged into court litigations and the same will be a form of harassment or hindrance to enable him to perform his functions; Unlike the other 2 branches, only 1 constitutes the Executive Branch and anything which impairs his performance of duties will impair THE OPERATION OF THE WHOLE GOVERNMENT). *Does not mean that the President is not accountable to anyone: Remains accountable to people and may be removed in office ONLY through Impeachment
