Philippine Executive Department Overview

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.

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.