Philippine Executive Department Overview
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Questions and Answers

A candidate for President of the Philippines must be at least thirty years old.

False

The President and Vice-President of the Philippines serve a term of seven years.

False

The Vice-President may serve more than two consecutive terms according to the constitutional provisions.

False

Presidential elections in the Philippines occur on the first Monday of May.

<p>False</p> Signup and view all the answers

If two candidates receive the highest and equal number of votes, the decision on who is elected goes to the Congress.

<p>True</p> Signup and view all the answers

The Speaker of the House of Representatives will act as President if both the President and Vice-President resign.

<p>True</p> Signup and view all the answers

Congress must hold a special election to fill a vacancy in the offices of the President and Vice-President within three days of the vacancy.

<p>False</p> Signup and view all the answers

In the event of the Vice-President's vacancy, the President can nominate any individual to fill the vacancy.

<p>False</p> Signup and view all the answers

If the Acting President is unable to serve, the President of the Senate automatically becomes the President.

<p>True</p> Signup and view all the answers

The appropriations for a special election are exempt from any legislative process.

<p>False</p> Signup and view all the answers

Study Notes

Executive Department

  • Executive Power: Vested in the President of the Philippines.

  • Presidential Eligibility: Natural-born citizen, registered voter, literate, at least 40 years old, and a resident of the Philippines for at least ten years prior to election.

  • Vice-Presidential Eligibility: Same qualifications as the President, elected concurrently, and removable in the same manner. Can be appointed to the Cabinet with no confirmation required.

  • Terms of Office (President & Vice-President): Six years, starting June 30th, and ineligible for re-election for the President. Vice-President can serve up to two consecutive terms; voluntary interruption in term does not count as a term break. Regular elections held on the 2nd Monday of May, unless otherwise specified by law.

  • Election Process: Returns from every province and city are certified by the Board of Canvassers and submitted to Congress, specifically the President of the Senate. Opening and canvassing of these certificates by a joint public session of both Congress Houses, followed by determining authenticity and due execution. Person with most votes is declared President; if a tie, one is chosen by congressional vote. Congress creates the rules for canvassing.

  • Contests and Qualification: Supreme Court as sole authority for contests related to the election, returns and qualifications of the President and Vice-President; they formulate appropriate rules.

  • Oath of Office: A prescribed oath (swearing-in) must be taken by the President, Vice-President, and Acting-President before assuming office.

Presidential Succession and Disability

  • Acting President: The Vice-President shall act as President if the President-elect fails to qualify, the president dies, or becomes permanently disabled. Or, if both the president and vice-president die or become permanently disabled then the President of the Senate becomes the Acting President.
  • Cabinet Role: If a majority of cabinet members declare the president unable to perform duties, the Vice-President assumes role as Acting President. The Congress decides if the Vice-President assumed the office in a majority vote. If not in session, the Congress shall meet within 48 hours and decide the issue within 10 days.
  • Presidential Disability: The Congress determines if the President is unable to discharge the powers, while the President can return to the office if they declare no inability.
  • Succession in Case of Death or Permanent Disability: The Vice-President assumes office, followed by the President of the Senate, then Speaker of the House in case of death or inability of both the President and Vice-President.
  • Acting President's Term: The Acting President in cases of death or permanent inability serves until the next elected President or Vice-President is chosen and qualified.

Other Key Sections

  • Appointments: The President appoints executive department heads, ambassadors, ministers, and other officers, with Senate approval. Congress can vest the appointment of lower-level officers with the President, in courts or in department heads/agency/commission/board.

  • Appointments during Recess: President can make appointments during Congressional recesses, only effective until disapproved by the Commission or until the next adjournment.

  • Commander-in-Chief: The President controls all executive departments, ensures laws are executed, and is Commander-in-Chief of the armed forces; they can call out military to prevent/suppress lawlessness, and when in emergency can suspend the writ of habeas corpus or declare martial law (for up to 60 days, renewable by Congress).

  • Conflict of Interest: Spouse and relatives of President/Vice-President may not be in certain appointed positions.

  • Special Elections: If the office of President or Vice-President is vacant, Congress calls for a Special election within 45-60 days, and there is a restriction of calling a special election if the vacancy occurs less than 18 months prior to the next election cycle.

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Description

This quiz explores the structure and eligibility criteria of the Executive Department in the Philippines, focusing on the roles of the President and Vice-President. Understand the election process, terms of office, and qualifications needed to hold these key positions in government.

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