|
EXECUTIVE DEPARTMENT
SEC 1.
The executive power shall be vested in the President of the
Philippines.
SEC. 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.
SEC. 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.
SEC. 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 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 reelection. 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 consecutive
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.
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 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 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.
SEC. 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.)
SEC. 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.
SEC. 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 a President shall not have been chosen, the
Vice-President-elect shall act as President until a
President shall have been chosen and qualified.
If at the beginning of the term of the President, the
President-elect shall have died or have become permanently
disabled, the Vice-President-elect shall become President.
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 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.
SEC. 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.
SEC. 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 of a majority vote of
all the Members of both Houses of the Congress, voting
separately.
SEC. 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 b 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
elections 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.
SEC. 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.
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.
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.
SEC. 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.
SEC. 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.
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.
SEC. 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.
SEC. 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.
SEC. 16.
The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the
executive department, 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.
The President shall have the power to make appointments
during the recess of the Congress, whether voluntary or
involuntary, but such appointments shall be effective only
until after disapproval by the Commission on Appointments or
until the next adjournment of the Congress.
SEC. 17.
The President shall control of all the executive
departments, bureaus and offices. He shall ensure that the
laws be faithfully executed.
SEC. 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.
The Congress, if not in session, shall, within twenty-four
hours following such proclamation or suspension, convene in
accordance with its rules without any need of a call.
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 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 the 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.
The suspension of the privilege of the writ shall apply only
to persons judicially charged for rebellion or offenses
inherent in or directly connected with the invasion.
During the suspension of the privilege of the writ, any
person thus arrested or detained shall be judicially charged
within three days, otherwise he shall be released.
SEC. 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.
SEC. 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 decisions 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.
SEC. 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.
SEC. 22.
The President shall submit to the Congress within thirty
days from the opening of the 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.
SEC. 23.
The President shall address the Congress at the opening of
its regular session. He may also appear before it at any
other time. |
