The executive department

THE EXECUTIVE DEPARTMENT
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE
PHILIPPINES – ARTICLE VII

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 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.

Continuation…
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.

Continuation…
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.

Continuation…
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 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.

Continuation…
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.

Continuation…
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.

Continuation…
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 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.

Continuation…
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.

Continuation…
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 disapproved 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.

Continuation…
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 of habeas corpus 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
of habeas corpus.

Continuation…
The suspension of the privilege of the writ
of habeas corpus shall apply only to persons
judicially charged for rebellion or offenses
inherent in, or directly connected with,
invasion.
During the suspension of the privilege of the
writ of habeas corpus, 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 decision 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.

The executive department

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The executive department