Article VII

“The executive power shall be vested in the President of the Philippines.”

Power to administer laws◦ Enforcing of laws

President ◦ Chief Executive

Head of the State Head of the Government

“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. “

Natural-born Philippine Citizen Registered voter Able to read and write At least 40 years old Resident of the Philippines for at least 10

years

The Comelec set the deadline for the filing of the certificate of candidacy on March 15, 2012. You were born on May 15, 1972. Elections in the Philippines is usually held every 10th of May.

Can you qualify for the position of Presidency based on the age requirement?

Assuming than a Presidential election is scheduled to occur on May 10, 2012. The Comelec set the deadline of the filing of the certificate of candidacy on Oct. 10, 2011. For the most part of your life, you were living outside the Philippines but you are still a natural-born Filipino citizen. However, on Dec. 15, 2001, you decided to moved back to the Philippines for good. Moreover, since you were able to experienced the good life outside the country, you decided that you want to run for the coming elections with the platform in mind of replicating the programs you witnessed abroad.

Considering all other requirements are met, paying closer attention to the residency requirement, are you eligible to run for the Presidency position?

“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 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.

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.

President Vice-President

6 years term◦ June 30th

Non-renewable◦ Why?

Subject to pressures Can used incumbent

position as an advantage First term is used to

ensure reelection Give chance to others Prevent nepotism and

political dynasties

6 years term◦ June 30th

Renewable◦ Another 6 year term◦ 2 successive terms

VP succeeded as President◦ If served for more than 4

years Disqualified Pres. Arroyo

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.

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.

Elected at large◦ Through the system of direct voting ◦ People directly vote their favored candidate

In case of a tie◦ Congress decides the winner◦ 2/3 vote, voting separately

Perfect example of the system of checks and balance

3 branches are involved◦ Executive – being elected◦ Legislative – canvass votes◦ Judiciary – resolves issues

“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.”

Malacañang Palace◦ “May Lakan diyan”◦ There is a noble there

◦ Malacañan Official residence of the President itself House where the President is staying

◦ Malacañang Office of the President

Art XVIII Section 17◦ Until the Congress provides otherwise, the

President shall receive an annual salary of Php 300,000

◦ Pres. Arroyo issued Exec. Order no. 611 10% increase over the basic monthly salary of all

civilian government personnel Previous Php 60,000 Php 95,000 (2010)

First pay check of PNoy (Php 63,000) (2011) – Php 107,000 (2012) – Php 120,000

2010 – Php 79, 451

2011 – Php 91,000

2012 – Php 103,000

“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.”

Vice President Senate President House Speaker Appointed Acting President

◦ (Chief Justice)

Only the Vice President can succeed the President

Others will be just on acting capacity until replacements are elected and qualified

When does a VP performs acting Capacity◦ President has not been qualified yet

Not yet proclaimed and it’s already 12 noon of the 30th of June (Sec. 4)

◦ No president has been chosen yet Deadlock or tie

◦ Temporary inability of the President Out of the country visits Sick

When does a VP takes over Presidency?◦ If the President has become permanently disabled◦ Death◦ Removal from office (Impeachment)◦ Resignation of the President

◦ Permanent vacancy in the Office of the President Resignation of Erap Presidential Impeachment Death of President Magsaysay

“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.”

Chosen by the President◦ Senators◦ Congressmen

Subject to the confirmation of the both houses of Congress◦ Majority Vote◦ Voting separately

Who would want to contradict the appointee of the new President?

Senator Teofisto Guingona

“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.”

Art 7 Sec 3

◦ A Vice President can be removed in office the same manner as the President

Art XI Sec 2

“The President, the Vice-President, the Members of the Supreme Court, the Members of the

Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for,

and conviction of, culpable violation of the Constitution, treason, bribery, graft and

corruption, other high crimes, or betrayal of public trust. All other public officers and

employees may be removed from office as provided by law, but not by impeachment.”

Method of inquiry into the conduct, behavior and action of public officials

Agenda: not to prove whether official should be convicted or not

◦ Removal from office

For necessary cases to be filed against them◦ Conviction

Protect people from delinquent officials

Protection of the State

President and Vice-President

Members of Supreme Court◦ Judges

Members of the Constitutional Commission

Ombudsman

◦ Members of the Senate and House of Representatives?

Violation of the Constitution◦ Violations committed intentionally

Treason◦ War against the Philippines◦ Adherence to enemies of State

Bribery Graft and Corruption Betrayal of Public Trust

◦ Behaviors or actions that lead to the lost of the officer’s popular support Hello Garci Issue

1. Filing of Complaint◦ Citizen-initiated

Any citizen, under oath Endorsement of member of the House Order of Business (3 session days) Impeachment Committee Level (60 session days) Plenary Level

1/3 of the members of the House Articles of Impeachment

◦ Members of the House-initiated Impeachment Committee Level (60 session days) 1/3 of the members of the House Articles of Impeachment

2. Trial by Senate◦ Senates convene as an Impeachment Court◦ Under oath◦ If impeachment is against the President

Chief Justice presides the proceedings but does not vote

◦ Senators served as the Jury Trial by Jury

3. Requirements for Conviction◦ 2/3 members of the Senate◦ Guilty beyond reasonable Doubt

No impeachment proceedings shall be initiated against the same official more than once a year

What will be the penalty of a convicted official under an impeachment proceedings?

Removal from office Disqualification from holding public office

◦ Impeachment proceedings to continue even if the official already resigned from position

No fine or imprisonment can be imposed

When the official is no longer in office, civil cases can now be filed so that fine and imprisonment penalties can be sanctioned

“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.”

A compact made between two or more states, or international organizations

Intended to create binding rights and obligations among parties

2 types◦ Bilateral

Visiting Forces Agreement Extradition Treaties

◦ Multilateral UNCLOS

Negotiation◦ President has the sole authority to negotiate and

initiate an international agreement or treaty◦ Haggle

Offer something President is in the best position to haggle

Access to Information that are vital to the success of the negotiations

Ratification Concurrence of 2/3 of members of Senate

Japan-Philippine Economic Partnership Agreement (JPEPA)

Pertinent details were arranged by the executive Ratified by Senate