CHAPTER 10 – EXECUTIVE DEPARTMENT

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CHAPTER 10 – EXECUTIVE DEPARTMENT (1) – Executive Power  vested in the President of the Philippines  power to enforce and administer laws (2) – Qualifications a) natural-born citizen b) registered voter c) able to read and write d) 40 years of age e) resident of the Philippines for at least ten years  exclusive qualifications  natural-born: one who is a citizen of the PHL from birth without having to perform any act to acquire or perfect his Philippine citizenship (3) – Election and Proclama

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  CHAPTER 10 – EXECUTIVE DEPARTMENT(1)   – Executive Power  vested in the President of the Philippines  power to enforce and administer laws(2)   – Qualificationsa)   natural-born citizenb)   registered voterc)   able to read and writed)   40 years of agee)   resident of the Philippines for at least ten years  exclusive qualifications  natural-born: one who is a citizen of the PHL from birth without having to perform any act to acquire or perfect his Philippinecitizenship(3)   – Election and Proclamation  President and VP are elected by direct vote of the people  person having the highest number of votes shall be proclaimed elected  in case of two having an equal number of votes – chosen by a vote of majority of all the members of both houses of congress voting separately  SC: sole judge of all contests relating to the election, returns andqualifications of the President or VP(4)   – Terms  President and VP shall have a term of six years  President shall not be eligible for any reelection  A person who has succeeded as President and has served as such formore than four years shall be qualified for election to the same office at any time  President can be reelected provided this is not done immediatelyfollowing his first term  VP same qualifications and term of office  VP may be appointed as a Member of the Cabinet (no confirmationnecessary)  No VP shall serve for more than two successive terms (voluntaryrenunciation – not considered as an interruption)  Vacancy in the office of the VP – the President shall nominate a VP fromamong the members of the Senate and the HoR (confirmation by amajority vote – both houses voting separately)(7) – Presidential Successiona)   death or permanent disability of the President  – VP-elect shall becomePresident b)   failure to elect the President  – VP shall merely act as President c)   failure to the President-elect to qualify – VP shall merely act as President (8) – Presidential Succesion (vacancy)     vacancies occurring in the office of the President during hisincumbencya)   deathb)   permanent disabilityc)   removald)   resignation  VP shall become President (11) – Presidential Succession  President transmits to the Senate President and Speaker of the House awritten declaration that he is unable to discharge the powers and duties of hisoffice – VP shall act as Acting President (discharge said powers and duties)  majority of all the members of the Cabinet transmits the written declaration –  VP shall immediately assume the powers and duties as Acting President   President transmits a written declaration that no inability exists; he shallreassume the powers and duties of his officei)   majority of the members of the cabinet transmits a written declarationwithin 5 days to the SP and Speaker of the House that the President isunable to discharge the powers and duties of his office – Congress shalldecide on the issue within 48 hoursii)   within 10 days after the receipt (in session) or 12 days after it is requiredto assemble (not in session) – determines by a 2/3 vote of both housesvoting separately that the President in unable to discharge said powersand duties – VP shall act as President (12) –   Public information to the President’s health    in case of serious illness of the President, the public shall be informed of thestate of his health  people not denied access to the President during such illness:a)   Members of the Cabinet in charge of national security and foreign relationsb)   Chief of Staff of the AFP(10) – Vacancy in both offices of the President and VP    Congress: 10 o’clock in the morning of the third day after the vacancy of both offices:a)   within 7 days enact a law calling for a special electionb)   special election is to be held not earlier than 45 days nor later than 60days from the time of such callc)   bill calling for a special election shall become effective after the thirdreadingd)   no special elections shall be called if the vacancy occurs within 18 monthsbefore the date of the next presidential elections(5)   – Oath of Office(6) – Perquisitie and Inhibitions  benefits/advantages over the regular incomea)   official residence  b)   salaries determined by law shall not be increased/decreasedduring their tenurec)   shall not receive any other emolument from the government orany other source  spouse and relatives by consanguinity of affinity within the 4 th civildegree of the President shall not be appointed as:a)   members of the constitutional commissionsb)   office of the ombudsmanc)   secretaries, undersecretaries, chairmen or heads of bureaus/officesPresidential Immunity  immunity of the President from civil damages covered only official acts
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