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Qualifications for the President of the

Philippines
The President of the Philippines is the head of
state and the head of government of the
country. He is also the highest official of the
executive branch of the government, which
includes the Cabinet and all the executive
departments. In addition, the President is also
the commander-in-chief of the Armed Forces of
the Philippines (AFP). The President is elected
directly for a six-year term.

Qualifications for the Philippine President


Under Article 7, Section 2 of the Philippine
Constitution,:
1. at least 40 years old and above;
2. a registered voter, single or married;
3. able to read and write;
4. a male or female Filipino citizen by birth
(natural born Filipino); and
5. a resident of the Philippines for at least ten
(10) years immediately preceding election

The same qualifications are required for the Vice


President of the Philippines.
POWERS OF THE PRESIDENT 1.) Executive
Power 2.) Power of Appointment 3.) Power of
Removal 4.) Power of Control 5.) Military Powers
6.) Pardoning Power 7.) Borrowing Power 8.)
Diplomatic Power 9.) Budgetary Power
10.)Informing Power 11.)Residual Power • Other
Powers
1. Executive Power • President shall have the
control of all executive departments, bureaus,
and offices. He shall ensure that laws are faithful
executed (Art. VII, Sec.17) • Until and unless a
law is declared unconstitutional, the President
has a duty to execute it regardless of his doubts
as to its validity (Faithful Execution Clause)
(Cruz, Phil. Political Law)
2. Power of Appointment • Selection by the
authority vested with the power, of an individual
who is to exercise the functions of a given office.
• Kinds of Presidential Appointment(Sec.15) • • • •
Appointment made by an Acting President
Midnight Appointment Regular Presidential
Appointment Ad-Interim Appointment
3. Power of Appointment • APPOINTMENT – the
act of designation by the executive officer,
board, or body to whom the power has been
delegated, of the individual who is to exercise
the functions of a given office.
3. Power of Control • Control – The power of an
officer to alter, modify, nuillify, or set aside what
a subordinate officer had done in the
performance of his duties and to substitute the
judgement of the former for that of the latter. •
Supervision – Overseeing or the power or
authority of an officer to see that subordinate
officers perform their duties. If the latter fail or
neglect to fulfill them, then the former may take
such action or steps as prescribed by law to
make them perform these duties.
4. Military Powers 1.) Commander-in-Chief
clause • To call out the Armed Forces to prevent
or suppress lawless violence, invasion or
rebellion(whenever it becomes neccessary); •
Vested directly by the Constitution • Authority to
declare a state of rebellion
41. Powers of President as Commander-inChief
of the Armed Forces o Not a member of the
Armed Forces o Not subject to court martial or
military discipline o Has control of the military
organization and personnel o Has the power to
callout the armed forces to prevent suppress
lawless violence
44. Meaning of martial law • 1. It includes all laws
that have reference to and are administered by
the military forces of the state. – A. the military
law proper – B. the rules governing the conduct
of military forces in times of war and in places
under military occupation. 2. It is the law which
has application when the military arm does not
supersede civil authority but is called upon to
aid it in the execution of its vital functions.
5. Pardoning Power(a.)Conditional Pardon or
b.)Absolute Pardon
5. Pardoning Power(Sec.19) Amnesty – A general
pardon to rebels for their treason or political
offence; it so overlooks and obliterates the
offense with which he is charged. Person
released by amnesty stands before the law
precisely as though he had committed no
offense.
5. Pardoning Power(Sec.19) Other forms of
Executive Clemency: • Reprieve- postponement
of the execution of a death sentence to a certain
date. • Commutation- reduction of the sentence
imposed to a lesser punishment, as from death
to life imprisonment. It may be granted without
the acceptance and even against the will of the
convict. • Pardon- act of grace proceeding from
the power entrusted with the execution of the
laws which exempts the individual on whom it is
bestowed, from the punishment law inflicts for a
crime he has committed.
5. Pardoning Power(Sec.19) Other forms of
Executive Clemency: • Parole – release from
imprisonment, but without full restoration of
liberty(in custody of law although not in
confinement • Remission of fines and forfeiture –
Prevents the collection of fines and confiscation
of forfeited property; cannot affect rights of third
party and money already in the treasury.
55. • Remission- prevents the collection of fines
or the confiscation of forfeited property. •
Amnesty- an act of the sovereign power granting
oblivion or a general pardon for a past offense
usually granted in favor of certain classes of
persons who have committed crimes of a
political character, such as treason, sedition, or
rebellion.
56. Pardon and amnesty distinguished • 1.
Pardon is granted by the President alone after
conviction, while amnesty with the concurrence
of Congress before or after conviction • 2.
Pardon is an act of forgiveness, while amnesty is
the act of forgetfulness. • 3. Pardon is grated for
infractions of the peace of the State, while
amnesty, for crimes against the sovereignty of
the State. • 4. Pardon is a private act of the
President which must be pleaded and proved by
the person who claims to have been pardoned,
while amnesty by proclamation of the President
with the concurrence of Congress is a public act
of which the courts will take judicial notice.
6. Borrowing Power(Sec. 20) • The President may
contract or guarantee foreign loans on behalf of
the Republic with the concurrence of the
Monetary Board, subject to such limitations as
may be provided by law. • The Monetary board
shall submit to the Congress report on loans
within 30 days from the end of every quarter.
7. Diplomatic Power(sec.21) • No treaty or
international agreement shall be valid and
effective unless concurred in by at least 2/3 of all
the Members of the Senate • The power to ratify
is vested in the President, subject to the
concurrence of the Senate. Other foreign affairs
powers: a.) power to make treaties b.) the power
to appoint ambassadors, public ministers, and
consuls c.) power to receive ambassadors and
other public ministers d.) Deportation Power
8. Budgetary Power • Within 30 days from the
opening of every regular session, President shall
submit to Congress a budget or expenditures
and sources of financing, including receipts
from existing and proposed revenue measure. •
Congress may not increase the appropriation
recommended by the President for the operation
of the Government as specified in the budget.
9. Informing Power • The President shall address
Congress at the opening of its regular session.
He may also appear before it at any other time. •
The information may be needed for the basis of
legislation(Cruz) • The President usually
discharges the informing power through what is
known as the State of the Nation Address.

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