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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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Flashcards
Presidential Oath
Presidential Oath
The oath taken by the President, Vice President, or Acting President before assuming office, promising to fulfill their duties, defend the Constitution, and serve the nation.
Presidential Succession
Presidential Succession
The process for filling the Presidential office if the President-elect or President dies, becomes permanently disabled or otherwise unable to fulfill their duties.
Canvassing of Certificates
Canvassing of Certificates
The process of reviewing election certificates to determine the winner of an election.
Contests of Election
Contests of Election
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Presidential Compensation
Presidential Compensation
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What happens if the President dies?
What happens if the President dies?
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Who acts as President if both President and VP are gone?
Who acts as President if both President and VP are gone?
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How is the Acting President chosen if the Senate President can't serve?
How is the Acting President chosen if the Senate President can't serve?
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How is the vacant Vice-President position filled?
How is the vacant Vice-President position filled?
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What happens when both President and VP positions are vacant?
What happens when both President and VP positions are vacant?
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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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