EXECUTIVE

DEPARTMENT
ARTICLE VII
Sections 1-15
COMPOSITION OF THE
EXECUTIVE DEPARTMENT
1. PRESIDENT
2. VICE PRESIDENT
3. CABINET (DEPARTMENTS)
4. AMBASSADORS
 SECTION I
The executive power
shall be vested in the
President of the
Philippines
President Ferdinand
Marcos Jr.
 EXECUTIVE POWER
Power to administer laws, carry them into practical
operation and enforce their due observance.
Executive power refers to the
authority “to see to it that the
laws are faithfully and
continuously executed.
It refers to the task of law
enforcement, administration
and directing the conduct of
foreign affairs.”
SECTION II
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.
 QUALIFICATIONS OF THE PRESIDENT
He is a natural-born He is able to read and
He is a registered voter
citizen of the Philippines write

He is at least forty (40) He is a resident of the

years of age on the day Philippines for at least
of the election (not ten (10) years
proclamation or immediately preceding
assumption of office); such election.
SECTION III
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
Vice Pres. Sara Duterte
as a Member of the Cabinet. Such
appointment requires no
confirmation.
SECTION III
His only constitutional function is to
be on hand to act as President when
needed or to succeed to presidency in
case of a permanent vacancy in the
office of the president.
The President may also appoint him
as a Member of the Cabinet. Such
appointment does not need the
consent of the Commission on
Appointments.
SECTION IV
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.
 SECTION IV
No Vice-President shall serve more than two consecutive terms.

Term Limits
The term for the President is for six (6)
years (no re-election)
No person who has succeeded and
served as President for four (4) years
can run again
Vice-President: maximum two (2)
terms
TERM OF OFFICE
refers to the period during which an officer may
claim to hold the office as a matter of right.

TENURE OF OFFICE
period during which the incumbent actually
holds the office.
TREASONS FOR THE PROHIBITION AGAINST RE-ELECTION
OF PRESIDENT.
(1) A President seeking a second term is vulnerable to constant
political pressures from those whose support he must preserve and
has to devote his time and energy to consolidate this political support.
In the context of Philippine experience, every President elected to the
Office has used the first term to work for re-election;
(2) A President who seeks a second term is under a terrific handicap in
the performance of his functions. The result has been that political
motivation is attributed to practically every act he performs;
moreover, the danger of alienating much needed votes may be an
obstacle to the proper and impartial performance of his duties;
TREASONS FOR THE PROHIBITION AGAINST RE-ELECTION
OF PRESIDENT.
(3) A President seeking re-election will even use public funds for the
purpose even to the extent of making the government bankrupt
because no incumbent President would like to go down from power as
a leader repudiated by his people;
(4) The prohibition also widens the base of leadership. In theory, no
man is indispensable in a democracy and any person, no matter how
good he is, may be replaced by others equally good;
(5) The ban will also put an end or at least hamper the establishment
of political dynasties;
TREASONS FOR THE PROHIBITION AGAINST RE-ELECTION
OF PRESIDENT.
(6) The six-year term will give the President a reasonable time
within which to implement his plans and programs of government. He
can concentrate on being President free from the demands of partisan
politics;
(7) The criticism against a six-year term without re-election that six
(6) years are too long for a bad President but too short for a good one
and that the people will suffer most from a lameduck.
 SECTION V
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."
SECTION V
OATH is an outward pledge made
under an immediate sense of
responsibility to God.

The purpose of an oath is to guarantee

the truthfulness of what a person is
about to say or the fact that he
sincerely intends to do what he says
by a formal calling upon God to be the
witness.
 SECTION VI
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.
PRESIDENT’S OFFICIAL RESIDENCE
 Official Residence and Compensation of the
President and Vice-President.
The annual compensation
1. 2. of the President and Vice
The official President shall be provided
residence of the by law. The Constitution, in
President shall the Transitory Provisions,
be determined by fixes the initial annual
salary of the President at
law; P300,000.00 and the Vice-
President at P240,000.00.
Congress may provide
otherwise subject to
Section 6. (Article XVIII,
Sec. 17.)
 SECTION VII
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 shall
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, 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 VIII
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 IX
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 X
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.
 SECTION X
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 XI
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.
 Section 11 solves the vexing problem of determining the
existence and termination of presidential incapacity in cases
of dispute.
Declaration by the President. – Declaration by the members of
1. The President may transmits to 2. the Cabinet. – In case a majority
the Senate President and the of all the members of the
Speaker of the House of Cabinet – who are all rte
Representatives his written President's men – transmits
declaration that he is unable such written declaration, the
to discharge the powers and Vice-President shall
immediately assume the powers
duties of his office. In such and duties of the Office as
case, the Vice-President shall Acting President. Thereafter,
be the Acting President until upon transmitting his written
the President transmits to the declaration that no inability
two officials a written exists, the President shall
declaration of the termination reassume the powers and duties
of his incapacity. of his office.
 SECTION XII
In case of serious illness of the
President, the public shall be informed
to 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 denied
access to the President during such
illness.
 SECTION XIII
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.
 SECTION XIII
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.
 CABINET MEMBERS
Executive Secretary - Ret. Chief Justice Lucas Bersamin
Secretary of Agrarian Reform - Conrado M. Estrella III.
Secretary of Agriculture - Pres. Ferdinand Marcos Jr.
Secretary of Budget and Management - Amenah F.
Pangandaman
Secretary of Education - V.P. Sara Duterte
Secretary of Energy - Raphael Perpetuo M. Lotilla
Secretary of Environment and Natural Resources - Maria
Antonia Yulo-Loyzaga
Secretary of Finance - Ralph G. Recto
 CABINET MEMBERS
Secretary of Foreign Affairs - Enrique A. Manalo
Secretary of Health - Dr. Teodoro J. Herbosa
Secretary of Justice - Jesus Crispin Boying Remulla
Secretary of Labor and Employment - Bienvenido E.
Laguesma
Secretary of National Defense - Gilberto C. Teodoro
Secretary of Public Works and Highways - Manuel M.
Bonoan
Secretary of Science and Technology - Dr. Renato U.
Solidum Jr.
 CABINET MEMBERS
Secretary of Social Welfare and Development - Rex
Gatchalian
Secretary of the Interior and Local Government - Benjamin
Abalos Jr.
Secretary of Trade and Industry - Alfredo E. Pascual
Secretary of Transportation and Communications - Jaime J.
Bautista
Secretary of Tourism - Maria Esperanza Christina G. Frasco
 CABINET MEMBERS
Commission on Higher Education - Prospero “Popoy” E. De
Vera III
Director General of the National Economic and
Development Authority - Arsenio M. Balisacan
 SECTION XIV
Appointments extended by an
Acting President shall remain
effective, unless revoked by the
elected President, within ninety
(90) days from his assumption or
re-assumption of office.
Does an Acting President possess powers to
appoint?

Yes, but his

appointments may
be revoked by the
elected President
within ninety (90)
days from his
assumption or re-
assumption of
office.
 SECTION XV
Two (2) 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
theirein will prejudice public service or endanger
public safety.
 Appointments proceeding a presidential election

Exceptions. Temporary
Prohibited if made within appointments to executive
1. two (2) months before. 2. positions when continued
Section 15 prohibits an vancancies would prejudice public
incumbent or Acting service or endanger public safety
President to make are not covered by the prohibition.
appointments within two The reason is very obvious. Note
the requisites: the appointment
(2) months preceding the must be: (a) temporary in nature;
date of the next presidentisl (b) to executive positions; and
election and thereafter (c) urgent in the interest of public
until the expiration of the service or public safety. It is
term of the incumbent debatable whether permanent
President or the tenure of appointments by the President to
judicial positions are also covered
the Acting President. by the prohibition.
Appointments proceeding a presidential election

Allowed if made more

than two (2) months
before. Appointments,
whether permanent or
temporary, to executive or
judicial position, extended
by the incumbent or
Acting President more
than two (2) months
preceding the date of the
next Presidential election,
are valid.
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