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Executive Department

Section 1:

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

Sections 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 4.

The President and the Vice President shall be elected by direct vote of the people for the term of six years that shall begin at noon on the 30th 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 for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for 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 which he was elected.

Unless otherwise provided by law, the regular election for the President and the Vice-President shall be held on the 2nd 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 Presidents of the Senate shall , not later than 30 days after the day of election, open all certificates in the presence of the Senate and House of the Representative 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 higher 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 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, 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 expirations of the terms of the incumbent during which such increase was approved. They shall not receive during their tenure any other emoluments from the Government or any other source.

Section 7.

The President and the Vice-President shall assume office at the beginning of their terms. If the President-elect fails to qualify, the Vice-President shall act as President until the President- elect have been chosen and qualified.

If a beginning of the term of the President, the President-elect shall have died or shall have died or become permanently disabled the President of the Senate or, in case of his inability, the Speaker of the House of Representative shall act as President until a President or 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 the 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 the Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of the Representatives, shall act then as President. He shall serve until the President or the Vice-President shall have been elected.

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 resignations 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 of 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 the 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 10 o’clock in the morning of the third day after the vacancy of the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call within seven days enact a law calling for a special election to elect a President and 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 for such special election shall be deemed certified under Paragraph 2, Section 26, Article VI of the Constitution and shall become law upon its approval on the third reading by the Congress. Appropriations for the special elections shall be charged against any current appropriations and shall be exempt from the requirement 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 when eighteen months before the date of the next presidential elections.

Section 11.

Whenever the President transmit to the President of the Senate and the Speaker of the House of the Representatives his written declaration that he is unable to discharge the powers and duties of the 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 major of the Members of the Cabinet transmits in the President of the Senate and to the Speaker of the House of Representatives their written declaration that 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 the Speaker of the House of the Representatives his written declaration that no inability exists, he shall resume 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 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, written forty-eight honors, in accordance with the rules and without need to 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. Determine 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; 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 if 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 any franchise, or special privilege granted by the Government or any subdivision, agency or instrumentally thereof, including government owned or controlled cooperation 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 hiss tenure be appointed as Members of the Constitutional Commission, or the Office of the Ombudsman, or as Secretaries, chairman or head 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 of office.

Section 15.

Two months immediately before the next presidential elections and up to 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 consent of the Commission of the Appointments appoint the heads of the appoint he heads of the executive departments, ambassadors, other public ministers and consuls, or officers whose appointments of the armed forces from the rank of colonel or naval captain, and other officers of the Government 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 may, by law, vest the appointment of other officers lower in rank in the Philippines alone, in the courts, or in the heads if departments, agencies, commission or boards.

The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, by such appointments shall be effective only until disapproval by the Commission of Appointments or until the next adjournment of the Congress.

Section 17.

The Presidents shall have control of the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed.

I

Executive Department

Section 1:

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

Sections 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 4.

The President and the Vice President shall be elected by direct vote of the people for the term of six years that shall begin at noon on the 30th 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 for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for 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 which he was elected.

Unless otherwise provided by law, the regular election for the President and the Vice-President shall be held on the 2nd 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 Presidents of the Senate shall , not later than 30 days after the day of election, open all certificates in the presence of the Senate and House of the Representative 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 higher 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 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, 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 expirations of the terms of the incumbent during which such increase was approved. They shall not receive during their tenure any other emoluments from the Government or any other source.

Section 7.

The President and the Vice-President shall assume office at the beginning of their terms. If the President-elect fails to qualify, the Vice-President shall act as President until the President- elect have been chosen and qualified.

If a beginning of the term of the President, the President-elect shall have died or shall have died or become permanently disabled the President of the Senate or, in case of his inability, the Speaker of the House of Representative shall act as President until a President or 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 the 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 the Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of the Representatives, shall act then as President. He shall serve until the President or the Vice-President shall have been elected.

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 resignations 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 of 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 the 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 10 o’clock in the morning of the third day after the vacancy of the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call within seven days enact a law calling for a special election to elect a President and 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 for such special election shall be deemed certified under Paragraph 2, Section 26, Article VI of the Constitution and shall become law upon its approval on the third reading by the Congress. Appropriations for the special elections shall be charged against any current appropriations and shall be exempt from the requirement 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 when eighteen months before the date of the next presidential elections.

Section 11.

Whenever the President transmit to the President of the Senate and the Speaker of the House of the Representatives his written declaration that he is unable to discharge the powers and duties of the 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 major of the Members of the Cabinet transmits in the President of the Senate and to the Speaker of the House of Representatives their written declaration that 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 the Speaker of the House of the Representatives his written declaration that no inability exists, he shall resume 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 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, written forty-eight honors, in accordance with the rules and without need to 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. Determine 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; 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 if 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 any franchise, or special privilege granted by the Government or any subdivision, agency or instrumentally thereof, including government owned or controlled cooperation 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 hiss tenure be appointed as Members of the Constitutional Commission, or the Office of the Ombudsman, or as Secretaries, chairman or head 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 of office.

Section 15.

Two months immediately before the next presidential elections and up to 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 consent of the Commission of the Appointments appoint the heads of the appoint he heads of the executive departments, ambassadors, other public ministers and consuls, or officers whose appointments of the armed forces from the rank of colonel or naval captain, and other officers of the Government 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 may, by law, vest the appointment of other officers lower in rank in the Philippines alone, in the courts, or in the heads if departments, agencies, commission or boards.

The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, by such appointments shall be effective only until disapproval by the Commission of Appointments or until the next adjournment of the Congress.

Section 17.

The Presidents shall have control of the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed.