Executive Department Disciplinary Powers – The power of the President
to discipline officers. The president may remove
President and Vice President officials except those who are entitled to security
Qualifications: of tenure.
1. Natural-Born Citizen Power of Control – The power of the president to
2. Registered Voter alter, modify, and rescind any political agreements
entered into by the previous president.
3. Able to Read and Write
4. At least 40 years old Power of Supervision – The power of the
5. At least 10 years residency preceding the President to ensure that the laws are faithfully
election executed by subordinates.
The President may, direct the reorganization of
- Shall be elected by direct vote of the people for a government entities under the Executive
term of 6 years Department. The president may transfer any
agency under the office of the president to any
President: Not eligible for re-election. No person
other department or agency.
who has succeeded as President and has served
for more than 4 years shall be qualified for re- Doctrine of Qualified Political Agency (Alter Ego)
election.
- Department heads act by the authority of the
Vice President: Cannot serve for more than 2 President and therefore, a department head’s
consecutive terms. decision is that of the President.
Election shall commence every 6 years, 2nd Local Government – The President has the power
Monday of May. over local government unit, which is only of
general supervision. He can interfere with the
Presidential Immunity – President’s immunity
actions of their executive heads only if these ar
from lawsuit may be invoked by him alone. The
contrary to law.
President may waive it impliedly as when he
himself files the suit. After his term, he cannot Calling out Powers – As commander-in-chief of the
invoke immunity for acts done by him while he Armed Forces, whenever necessary, the President
was still a President. may call out the AFP to prevent or suppress
Kinds of Presidential Appointments under Art. VII 1. Lawless Violence
Sec. 15 of the Constitution 2. Invasion
3. Rebellion
1. Appointment made by an acting president
2. Midnight Appointment Extraordinary Powers – The president has the
3. Appointment for Partisan Political Consideration power to suspend the privilege of the writ of
4. Regular Presidential Appointment, with or habeas corpus and declare martial law.
without confirmation by the Commission on
Appointment Habeas Corpus - A legal action that allows a
person to request that a court order the release of
a detained individual to determine if their
Requisites for Valid Appointment detention is lawful.
1. Authority to appoint and evidence of its exercise Martial Law - Temporary replacement of civilian
2. Transmittal of the appointment and proof of it rule by military rule, with the suspension of civilian
3. Vacant position at the time of appointment legal processes.
4. Receipt of the Appointment
5. Acceptance by the appointee
Midnight Appointment – Appointments made by
the President or Acting President, 2 months before
the Presidential Election. This is to prevent the
outgoing President from appointing individuals to
key government positions for personal or political
gain.
Presidential Power and Executive Clemency Diplomatic Power (ARFLND)
Pardon – An act of grace which exempts the 1. The power to appoint ambassadors, public
individual from the punishment of the law inflicts ministers and consuls
for a crime he has committed. 2. To receive ambassadors and other public
ministers accredited to the Philippines
Amnesty – An act of grace concurred in by 3. To contracts and guarantee foreign loans in
Congress, to group of persons who commit behalf of the Republic
political offenses which puts into oblivion the 4. . To negotiate treaties and other international
offense itself. When a person applies for amnesty, agreements.
he must admit his guilt of the offense that is 5. To deport aliens
subject to such amnesty.
Amnesty Pardon Conflict Between Treaty and Municipal Law
Political Offense Ordinary Offense Philippine Courts: Municipal Law will prevail, be it
To class or group of To individuals treaty or law, as it is the latest expression of the
persons will of the State
Requires concurrence No need for
of majority of all Congressional International Tribunal: Treaty will always, prevail.
members of Congress Concurrence A state cannot plead its municipal law to justify
Extinguishes the Extinguishes only the noncompliance with an international obligation.
offense penalty
Veto Power – The power of the president to
May be granted Only granted after disapprove a bill into a law. He must communicate
before or after conviction by final
his decision to veto within 30 days from the date
conviction judgment
of receipt thereof. If he fails to do so, the bill shall
become law as if he signed it.
Reprieve – Postpones the execution on an offense
to a day certain.
Rules of Succession
Remission of Fines and Forfeitures – Prevents the
collection of fines or the confiscation of forfeited Start of the Term
property.
Vacancy Successor
Commutation - A remission of a part of the President-elect does VP-elect will be Acting
punishment. A substitution of a lesser penalty for not qualify President until a
the one originally imposed. President is
qualified/chosen
Tax Amnesty – Exempts a person to receive
President-elect dies or VP becomes President
penalties on evasion or violation of revenue or tax
permanently disabled
law.
Both President and Senate President or
Treaties Executive Agreements VP-elect are not Speaker of the HOR,
International International chosen, qualified, died shall act as President
Agreement involving agreements or become until a President or VP
political issues or embodying permanently disabled shall have been
changes of national adjustments of detail chosen
policy and those carrying out well- Death, permanent Congress shall
involving international established national disability of Senate determine by law,
arrangement of policies and traditions President and Speaker who will be the Acting
permanent characters and those involving of the HOR as Acting President until a
arrangements of more President President or VP shall
or less temporary in have qualified.
nature
Involves Political Involves details
Issues, National Policy carrying out national
policy
Must be ratified No need to be ratified
Mid-Term
Vacancy Successor Elections and
Privileges:
President VP becomes president Vacancies:
dies/permanently for the unexpired - Regular Elections: - Exemption from
disabled/impeached term Held every second arrest for minor
or resigns Monday of May. offenses during
Both President and VP Senate President, or - Special Elections: sessions.
die/permanently the Speaker of HOR Called to fill vacancies; - Immunity for
disabled/impeached shall act as a president term limited to the speeches and debates
or resign until the President or unexpired portion. in Congress.
VP shall have been Prohibitions: Electoral Tribunal:
elected and qualified - Cannot hold another - Judges election
Death, permanent Congress shall government office or contests for members
disability or inability determine by law, financial interest in of each House.
or Senate President who will be the Acting government contracts. - Composed of 3
and Speaker of HOR as President until a - Cannot act as Supreme Court
Acting President President or VP shall counsel or intervene Justices and 6
have qualified. in government legislators
matters for personal
gain.
Vacancy in the Office of the Vice-President Commission on Law-Making Process
- President will nominate new VP from among the Appointments:
members of either House of Congress. Nominee - Reviews presidential - Bills must pass three
shall assume office upon confirmation by majority appointments. readings in each
vote of ALL members of both Houses, voting - Composed of Senate House.
separately. President, 12 - Presidential
Senators, and 12 Approval:
House members.
Taxation and Other Provisions
Legislative Department
Appropriations
Qualifications - Taxation must be - Congress can declare
uniform and war with a two-thirds
House of equitable. vote in joint session.
Senate
Representatives - Exemptions: - Congress must
Natural-born Religious, charitable, provide a system of
Natural-born Filipino.
Filipino. educational initiative and
At least 35 years properties. referendum to
At least 25 years old.
old on election day. - No money spent empower direct
Able to read and without a law, and legislation by the
Able to read and write.
write. discretionary funds people.
Registered voter. Registered voter are regulated.
Fesident of the district
Resident for 2 years
for at least 1 year before
prior to the
the election (for district
election.
reps).
Term
Senate House of Representatives
6 years, starting
3 years, starting June 30
June 30 after
after the election.
the election.
Maximum of 2
Maximum of 3 consecutive
consecutive
terms.
terms
