0 Bewertungen0% fanden dieses Dokument nützlich (0 Abstimmungen)
10 Ansichten3 Seiten
The document outlines the succession rules and powers of the President of the Philippines. It details that the Vice President will assume the role of President if the President is unable to serve. If both the President and Vice President are unable, then the Senate President will act as President. It also describes the qualifications for President, term limits, election process, salaries, and powers of the President which include executive power, appointment power, removal power, control power, military powers, and pardoning power. The President is tasked with faithfully executing laws and overseeing the executive branch of the country.
The document outlines the succession rules and powers of the President of the Philippines. It details that the Vice President will assume the role of President if the President is unable to serve. If both the President and Vice President are unable, then the Senate President will act as President. It also describes the qualifications for President, term limits, election process, salaries, and powers of the President which include executive power, appointment power, removal power, control power, military powers, and pardoning power. The President is tasked with faithfully executing laws and overseeing the executive branch of the country.
The document outlines the succession rules and powers of the President of the Philippines. It details that the Vice President will assume the role of President if the President is unable to serve. If both the President and Vice President are unable, then the Senate President will act as President. It also describes the qualifications for President, term limits, election process, salaries, and powers of the President which include executive power, appointment power, removal power, control power, military powers, and pardoning power. The President is tasked with faithfully executing laws and overseeing the executive branch of the country.
The Executive Branch •VP-Elect shall ACT as president until a
President shall have been chosen & qualified.
Charged with the execution and administration of a country’s laws No President and VP chosen or qualified, or In general, the executive branch sets the both have died or become permanently disabled: direction of national policy •SENATE PRESIDENT in an acting capacity It is the power to enforce and administer •In case of inability the laws (Cooley, Constitutional •SPEAKER OF THE HOUSE in an acting Limitation, 8th ed., p. 183) capacity The executive power is vested in the •Until a president or a VP shall have been President of the Philippines (Art. VII, chosen and Sec. 1) qualified. IN THE EVENT OF INABILITY OF BOTH, Qualifications who shall ACT as President? • Natural Born Citizen •CONGRESS SHALL BY LAW PROVIDE • A Registered Voter FOR THE MANNER • Able to Read and Write IN WHICH ONE WHO IS TO ACT AS • At least 40 years of age on the day of election PRESIDENT SHALL BE • Resident of the Philippines for at least ten SELECTED UNTIL A PRESIDENT OR A VP years immediately preceding the election. SHALL HAVE QUALIFIED. Term of Office • The President and Vice- President shall be VACANCY DURING THE TERM elected by the people for six (6) years.(Art. VII, •Death, permanent disability, removal from Sec 4(1) office, or resignation of the President • Shall not be eligible for any re-election VP SHALL become President • No Person who has succeeded as President xxx for more than 4 years shall be qualified xxx Death, permanent disability, removal from (Art. VII, Sec 4) office, or resignation of President AND Vice president: Election •Senate President – acting capacity 1.) Regular – Second Monday of May, every six •IN CASE OF INABILITY years •Speaker of the House – acting capacity 2.) Special a.) Death, Disability, Removal from Until a President or VP shall be elected and office or Resignation qualified. b.) Vacancies occur more than eighteen months •Congress, by law, shall provide for the manner before next election which one is to act as c.) A law passed by congress President in the event of inability of the officials mentioned above. SALARIES TEMPORARY DISABILITY President •When the President TRANSMITS to the SP Shall receive an annual salary of three and the SH hundred thousand pesos (Php 300,000). •Written Declaration that he is unable to Vice – President discharge the powers and duties of his office, Two hundred forty thousand pesos and until he transmits to them a written declaration to the contrary: such powers and Vice-President duties shall be discharged by the VP as ACTING President. • Qualifications are same with the President. •Majority of ALL the Members of the • Eligible for the position of member of CABINET TRANSMIT to the SP and SH: the Cabinet (no need for CA confirmation) •Written Declaration that the P is unable to • Allowed to serve for two successive terms. discharge the powers and duties of his office RULES ON SUCCESSION •VP IMMEDIATELY assumes the powers and Vacancy at the beginning of the term: duties of the Office as ACTING PRESIDENT •Death or permanent disability of the President- •President transmits Written Declaration that elect NO inability exists, •VP-elect shall become President •Reassume the powers of the office of the •President-elect fails to qualify President •VP-elect shall ACT as president until the President-elect shall have qualified. •President shall not have been chosen: Should a majority of the CABINET 7.) Borrowing Power MEMBERS transmit within 5 days to 8.) Diplomatic Power the SP and SH 9.) Budgetary Power Written declaration that the P is unable 10.) Informing Power to discharge the powers and duties of his 1. Executive Power office, CONGRESS SHALL DECIDE • President shall have the control of all THE ISSUE. executive departments, bureaus, and offices. Congress shall convene, if not in session,He shall ensure that laws are faithfull executed within 48 hours. (Art. VII, Sec.17) Within 10 days from receipt of last • Until and unless a law is declared written declaration or, if not in session, unconstitutional, the President has a duty to within 12 days after it is required to execute it regardless of his doubts as to its assemble, Congress determines by a vote validity(Faithful Execution Clause) (Cruz, Phil. of 2/3 vote of both Houses voting Political Law) Separately, that the president is unable to discharge the powers and duties of his 2. Power of Appointment office, the VP shall act as President, • Selection by the authority vested with the otherwise, the President shall continue power, of an individual who is to exercise the exercising the powers and duties of his functions of a given office. office • Kinds of Presidential Appointment(Sec.15) • Appointment made by an Acting President Constitutional Duty of Congress in case of • Midnight Appointment vacancy in the • Regular Presidential Appointment offices of the President and the VP: • Ad-Interim Appointment •At 10AM of the 3rd day after the vacancy occurs, Congress APPOINTMENT – the act of designation by the shall convene w/o the need of a call, and within executive officer, board, or body to whom the 7 days, enact power has been delegated, of the individual a law calling for a special election to elect a who is to exercise the functions of a given President and VP office. to be held not earlier than 45 nor later than 60 Kinds of presidential appointments days from the (required to be submitted to the time of such call. Commission on Appointments) NO SPECIAL ELECTION SHALL BE • 1. Regular appointments CALLED IF THE VACANCY • 2. Ad interim appointments OCCURS WITHIN 18 MONTHS BEFORE 3. Power of Removal THE DATE OF THE • General Rule: This power is implied NEXT PRESIDENTIAL ELECTION. from the power to appoint(Cruz) Removal of the President: Impeachment. • Exception – Those appointed by him Sec. 2&3, Art. XI where the Constitution prescribes certain methods for separation from Prohibitions and Inhibitions public service. 1. No increase in salaries during the term. Power of Control 2. Shall not receive emoluments • Control – The power of an officer to alter, 3. Shall not hold any other office. modify, nuillify, or set aside what a subordinate 4. Shall not, directly or indirectly, practice any officer had done in the performance of his duties other profession, business, or be financially and to substitute the judgement of the former for interested in any other contract with franchises that of the latter. of the government. • Supervision – Overseeing or the power or 5. Avoid conflict of interest in the conduct of authority of an officer to see that subordinate their office officers perform their duties. If the latter fail or 6. May not appoint spouse or relatives by neglect to fulfill them, then the former may take consanguinity or affinity within 4th civil degree such action or steps as prescribed by law to (ART. VII, SECTIONS 6, 13) make them perform these duties. 4. Military Powers POWERS OF THE PRESIDENT 1.) Commander-in-Chief clause 1.) Executive Power • To call out the Armed Forces to prevent or 2.) Power of Appointment suppress lawless violence, invasion or 3.) Power of Removal rebellion(whenever it becomes neccessary); 4.) Power of Control • Vested directly by the Constitution 5.) Military Powers • Authority to declare a state of rebellion 6.) Pardoning Power • Military Tribunals are simply instrumentalities concurrence of the Monetary Board, subject to of the executive power provided by the such limitations as may be provided by law. legislature for the Commander-in-Chief to aid • The Monetary board shall submit to the him in enforcing discipline in the armed forces. Congress report on loans within 30 days from the end of every quarter. 5. Pardoning Power 7. Diplomatic Power(sec.21) The pardoning power extends to all offenses, • No treaty or international agreement shall be including criminal contempt (disrespect to or valid and effective unless concurred in by at disobedience to a court which amounts to a least 2/3 of all the crime). It does not give the President the Members of the Senate power to exempt, except from punishment, • The power to ratify is vested in the President, anyone from the law. subject to the concurrence of the Senate. Pardon- Act of grace which exempts Other foreign affairs powers: individual from punishment which the a.) power to make treaties law inflicts. b.) the power to appoint ambassadors, public ministers, and consuls 5. Pardoning Power(Sec.19) c.) power to receive ambassadors and other Amnesty – A general pardon to rebels public ministers for their treason or political offence; d.) Deportation Power it so overlooks and obliterates the 8. Budgetary Power offnse with which he is charged. • Within 30 days from the opening of every Person released by amnest stands regular session, President shall submit to before the law precisely as though he Congress a budget or expenditures and had committed no offense. sources of financing, including receipts from existing and proposed revenue measure. Reprieve- postponement of the execution of a • Congress may not increase the appropriation death sentence to a certain date. recommended by the President for the • Commutation- reduction of the sentence operation of the Government as specified in imposed to a lesser punishment, as from death the budget. to life imprisonment. It may be granted without 9. Informing Power the acceptance and even against the will of the • The President shall address convict. Congress at the opening of its regular session. • Pardon- act of grace proceeding from the He may also appear before it at any other power time. entrusted with the execution of the laws which • The information may be needed exempts the individual on whom it is bestowed, for the basis of legislation(Cruz) from the punishment law inflicts for a crime he • The President usally discharges the informing has committed. power through what is known as the State of the Other forms of Executive Clemency: Nation Address Other Powers Parole – release from imprisonment, but without a.) Call to Congress to a special session full restoration of liberty(in custody of law b.) Approve or veto bills although not in confinement c.) Deport Aliens • Remission of fines and forfeiture – Prevents d.) Consent to deputization of government the collection of fines and confiscation of personnel by COMELEC and discipline them forfeited property; cannot affect rights of third e.) Exercise emergency(war, law, limited, party and money already in the treasury. necessary) and Tariff powers f.) Power to classify or reclassify lands Limitations upon pardoning power • 1. It may not be exercised for offenses in impeachment cases • 2. It may be exercised only after conviction by final judgement • 3. It may not be exercised over civil contempt • 4. In case of violation of election law or rules and regulations, no pardon, parole, or suspension of sentence may be granted without the recommendation of the Commission on Elections. 6. Borrowing Power(Sec. 20) • The President may contract or guarantee foreign loans on behalf of the Republic with the