A.

COMPOSITION
Executive department shall be composed of one President, one Vic-President and
cabinet members appointed by president.
B. QUALIFICATION
Before any person may be elected as President and Vice-President, he must be 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 10 years immediately preceding such election (Art. VII, Sec 2).
1. Natural-born citizen
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 upon reaching the age of majority of Filipino
mothers born before January 17, 1973 shall be deemed natural-born citizens (Art IV,
Sec 2). The following are also considered if they are citizens of the Philippines at the
time of the adoption of the 1987 Constitution and if they are born with either Filipino
father or mother (Art IV, Sec 1). Those who are naturalized in accordance with law
are not allowed to run.
Cite Tecson v COMELEC, G. R. No. 161434, March 3, 2004
2. Registered voter
Article V, Section 1 required that in order to be a qualified registered voter, citizens
of the Philippines must be at least eighteen years of age, and shall have resided in
the Philippines for at least one year and in the place wherein they propose to vote
for at least six months immediately preceding the election.
citizens of the Philippines not otherwise disqualified by law, who are at least
eighteen years of age, and who shall have No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage.
3. Able to read and write
Under the same provision, no literacy, property or other substantive requirement is
needed before someone may exercise suffrage. He must at least be able to read
and write.
4. At least forty years of age on the day of the election
The minimum age of forty years must be possessed on the day of the election set
by law on which the votes are cast. This age qualification is the same under 1935
Constitution.
5. A resident of the Philippines for at least 10 years immediately preceding such election.
Under 1987 Constitution, residence is the same as domicile. Therefore, to be
considered a resident of the Philippines, he must (1) concur bodily presence in the
locality; nevertheless, he is allowed for temporary physical absence provided that

he intends to return to the domicile, (2) have intention to remain there, and (3) if he
had an old domicile, he intend not to return and abandon it. In the case of President
and Vice-President, to have a domicile anywhere in the Philippines is enough.
C. TERM OF OFFICE
1. ELECTION
The President and Vice-President are elected through regular election held on the
second Monday of May, unless otherwise provided by law.
The Congress shall serve as National Board of Canvassers. The Congress shall
promulgate its rules for the canvassing of the certificates. The returns upon receipt
of the certificate of canvass not later than thirty days after the day of the election,
the Senate President shall open all the certificates in the presence of the Senate
and the House of Representatives in joint public session determine the authenticity
and due execution of the returns duly certified by the board of canvassers of each
province or city transmitted directly to the Senate President, then canvass the
votes.
In addition to the responsibility for the canvassing of the votes, the Congress in joint
session is also tasked for proclaiming the winners in a presidential and vicepresidential election. The person having the highest number of votes shall be
proclaimed elected. However, in case of tie the winner shall be chosen by a vote of
majority of all the Members of both Houses of the Congress, voting separately.
Presidential Electoral Tribunal
Supreme Court, sitting en banc, shall serve as Electoral Tribunal. The power of the
Court as Tribunal is to be the sole judge of all contests relating to the election,
returns, and qualifications of the President or Vice-President, the promulgation of
rules for the purpose. Moreover, the power to correct manifest errors on the
statements of votes (SOV) and certificates of canvass (COV) is also included
(Legarda v. De Castro). One of the rules in presidential contests is that only two
persons, the 2nd and 3rd placers, may contest the election (Poe v. Arroyo).
Read: Defensor-Santiago v. Ramos, P. E. T. Case No. 001, Feb. 13, 1996
Term of Office
The President and Vice-President shall take the "oath or affirmation" before the
execution of their office. The President and Vice-President shall be elected to serve
for a term of six years to begin at noon on June 30th following the day of the
election and to end at noon on the same day after six years. This was to allow the
President to implement his programs and to constraint him from succedding his evil
designs. A President who has succeeded and has served for more than four years, is
not entitled to any reelection to such office. However, the Constitution is less strict
when it comes to the Vice-President. The Vice-President is eligible to reelection, but
he may not serve for more thab two consecutive terms and voluntary renunciation
shall not be cobsidered as an interruption in the continuity of his service. When the

Vice-President succeeded the presidency and serve for less than four years, he is
entitled to run for election as President.
2. VACANCY/SUCCESSOR
Vacancy may occur at the start of the term or in the mid-term of the execution of
office of the President.
A President has no right to hold-over. He must leave office when the designated
date for the end of his term comes. If it happen that there is no president-elect to
assume his office, either by reason of failure to qualify or no one is proclaimed, then
the Vice-President elect shall assume the presidency until the president-elect shall
have qualified or have been chosen. If the president-elect dies or become
permanently disabled, then the Vice-President elect shall become the President.
The Vice-President shall also assume office when an incumbent President dies, is
permanently disabled, is removed from office or resigns. Permanent disability may
be declared by the President himself or the majority of all the cabinet members.
D. PRIVILEGES/ PROHIBITION
1. SALARIES AND EMOLUMENTS
One of the privileges granted to the President is the official residence, the
Malacaang Palace. The salaries of the President and Vice-President determined by
law shall not be decreased during their tenure. During their tenure, they shall not
receive any emolument from the government or any other source nor an increase in
their salaries shall take effect until after the expiration of the term of the incumbent
during which such increase was approved.
2. PROHIBITION
During the tenure of the President, Vice-President, members of the Cabinet and
their deputies or assistants, they are prohibited from holding any other office or
employment, unless otherwise provided in the Constitution.
In addition, to avoid conflict of interest in the conduct of their office, they are also
prohibited to directly or indirectly practice any profession, participate in any
business or be financially interested in any contract granted by the government or
any subdivision, instrumentality including government-owned or controlled
corporations.
3. HSHDHDHD
E. POWER
1. EXECUTIVE POWER
In the previous Constitutions, in 1935 vested executive power in the President
while in 1973 it was vested for the Prime Minister and the President was merely
symbolic head of the State. However, in 1981 the President was once more made

head of state and chief executive, while the Prime Minister was reduced to being
largely a ceremonial figure.
In the present Constitution, the executive power is vested in the President of
the Philippines. This is intended to invest the power holder with energy. Under 1987
Constitution, presidency is a strong institution because the primary source of his
political authority is the people through election. Executive power is the power to
take care that the laws bebfaithfully executed. The powers that the 1987
Constitution vested in the President are as follows: power to appoint, power of
control and supervision, commander-in-chief power, executive clemency, foreign
relations power and budgetary power.
2. POWER TO APPOINT (Sect. 16)
Since filling up of an office created by law is the implementation and execution of
that law, the President is thereby grantedbthe power to appoint. The appointing
power is the exclusive prerogative of the President where the Congress may not
impose limitations other than those resulting from the need to secure concurrence
from Commission of Appointments and from the qualifications of anbappointive
office prescribed by Congress exercising their limited legislative power (Manalang
vs. Quitoriano, 99 Phil. 903). The appointing power gives the President the
discretionary authority of choosing the best suited appointee among the various
qualified choices.
The following are the groups of officers whom the President may appoint: (a) heads
of executive departments, ambassadors, other public ministers and consuls, or
officers of the armed forces from the rank of colonel or naval captain, amd other
officers whose appointments are vested in him; (b) all other officers of the
goverment whose appointments are not otherwise provided for by law; (c) those
whom he may be authorized by law to appoint; (d) officers lower in rank (heads of
bureaus, Sarmiento vs. Mison) whose appointments Congress may by law vest in
the President alone.
Kinds of Appointment:
Sec. 14
Limitations:
Sec. 13 [2]
Sec 14-15
3. POWER OF CONTROL AND SUPERVISION
4. COMMANDER-IN-CHIEF POWER
5. EXECUTIVE CLEMENCY
This is the power to correct infirmities in the administration of justice and to
mitigate whathever the harshness might be generated by a too strict application of
the law. Only the President must exercise the power of executive clemency.
Forms of Executive Clemency:

Limitations:

Like other granted powers, executive clemency has limitations which are: (1) it
cannot be exercise over cases of impeachment (Art 7, Sec 19 [1]); (2) reprieves,
commutations, and pardons, and remission of fines and forfeitures can be given
only after conviction by final judgment (Art 7, Sec 19 [1]); (3) grant of amnesty
must be with the concurrence of a majority of all the members of the Congress (Art
7, Sec 19 [2]); (4) favorable recommention of the Commision (COMELEC) is needed
before the Presidenr grant pardon, amnesty, parole, or suspension of sentence for
violation of election laws, rules, and regulations (Art 9, C, Sec 5); (5) pardon cannot
absolve the convict of civil liability (Art 36, RPC).
6. FOREIGN RELATIONS POWER
7. BUDGETARY POWER