Podcast
Questions and Answers
Who is the sole judge of all contests relating to the election and qualifications of the President or Vice-President?
Who is the sole judge of all contests relating to the election and qualifications of the President or Vice-President?
What must the President-elect and Vice President-elect do before assuming office?
What must the President-elect and Vice President-elect do before assuming office?
What happens if the President-elect is unable to qualify for office?
What happens if the President-elect is unable to qualify for office?
Under what circumstances does the Vice President-elect automatically become President?
Under what circumstances does the Vice President-elect automatically become President?
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How are the salaries of the President and Vice-President treated during their tenure?
How are the salaries of the President and Vice-President treated during their tenure?
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What is the role of the President of the Senate when both the President and Vice-President are unable to serve?
What is the role of the President of the Senate when both the President and Vice-President are unable to serve?
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What must happen when there is a vacancy in the Office of the Vice-President?
What must happen when there is a vacancy in the Office of the Vice-President?
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What is the timeframe for the Congress to convene after a vacancy in the offices of the President and Vice-President occurs?
What is the timeframe for the Congress to convene after a vacancy in the offices of the President and Vice-President occurs?
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When can a special election be called for the offices of the President and Vice-President?
When can a special election be called for the offices of the President and Vice-President?
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What is the status of appropriations for a special election?
What is the status of appropriations for a special election?
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Study Notes
Executive Department
- Executive Power: Vested in the President of the Philippines
- Presidential Eligibility: Natural-born citizen, registered voter, able to read and write, at least 40 years old, resident of Philippines for at least 10 years.
- Vice-Presidential Eligibility: Same qualifications as President, elected with and in the same manner as the President, removable from office in the same way. Can be appointed to the Cabinet, no confirmation required.
- Presidential Term: 6 years, beginning noon, 30th of June after election, ineligible for re-election, no more than 4 years service as President.
- Vice-Presidential Term: Max 2 consecutive terms, voluntary renunciation does not break continuity.
- Election Date: Regular elections for President and Vice-President are held on the second Monday of May, unless otherwise specified by law.
- Election Returns: Election returns certified by provincial/city boards of canvassers, sent to Congress, reviewed within 30 days after election by joint session Senate & House for authenticity and canvass.
- Tie in Presidential Election: If two or more candidates have an equal highest number of votes, election decided by a majority vote of Congress members (voting separately).
- Election Contests: Supreme Court is the sole judge concerning election, returns, qualifications of President/Vice-President. They have the power to issue rules for this.
- Presidential Oath: "I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my duties as President...preserve and defend its Constitution..."
- Presidential Residence: Provided by law.
- Presidential Salary: Determined by law, cannot decrease during term, no increase until end of term that approved it.
Presidential Succession and Special Circumstances
- Vice-President as Acting President: In case of President Death, Permanent Disability, Removal or Resignation.
- Other Officers Acting as President: If President and Vice President are unable, then President of the Senate or Speaker of House of Representatives act as President until President or Vice-President has been elected.
- Cabinet Decision: If majority of Cabinet transmits written declaration President unable to conduct job, Vice President assumes. Congress intervenes if Cabinet majority is reached in 5 days (convening in non-session).
- Congress Decision, Inability: Congress, deciding by 2/3 vote of both houses, determines if President unable to perform duties.
- Serious Illness: Public informed about President's health. Cabinet members have access.
Other Provisions
- Congress to enact Special Elections: Called if there is vacancy if it's not within 18 months of upcoming presidential election.
- President's Inability to Discharge Duties: Vice-President becomes Acting President if President transmits written declaration and notifies Senate and House Speaker.
- Appointments during Recess: President can appoint during congressional recesses, however, appointment effective until Congressional Disapproval.
- Executive Control: President controls executive departments, bureaus, and offices. Ensures laws are faithfully executed.
- Commander - in - Chief: President Commander - in - Chief of the armed forces, can invoke martial law (up to 60 days or extended w/ Congress approval) for invasion, rebellion etc,.
- Military Courts & Criminal Proceedings: Martial law does not affect constitutional rights, civilian courts and legislative assemblies still functioning. Civil courts deal with offenses inherent in invasion.
- Presidential Pardons and Amnesty: In cases not impeachments, President can grant reprieves, commutations, pardons, remit fines and forfeitures after conviction. President can grant amnesty with majority of Congress.
- Foreign Loans: President can contract guarantee foreign loans with prior Monetary Board consent, Monetary Board submits reports to Congress.
- Treaties: Treaties require 2/3 Senate approval.
- Budget: President submits annual budget to Congress within 30 days of session start.
- Congressional Addresses: President addresses Congress at the start of each regular session (or other times).
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