Finals Review - Executive Department - Codal

Question 1

Where shall the executive power be vested?

Answer 1

art vii sec 1: The executive power shall be vested in the President of the Philippines.

Question 2

What are the qualifications of the President?

Answer 2

art vii sec 2: No person may be elected President unless he is a:

1. natural-born citizen of the Philippines;
2. a registered voter;
3. able to read and write;
4. at least forty years of age on the day of the election;
5. a resident of the Philippines for at least ten years immediately preceding such election.

Question 3

What are the terms and qualifications of the Vice-President?

Answer 3

art vii sec 3 (1): There shall be a Vice President who shall:

1. have the same qualifications and term of office and be elected with, and in the same manner, as the President;
2. He may be removed from office in the same manner as the President

Question 4

Can the Vice-president be appointed to a government office? If yes, shall it require confirmation from the Commission on Appointments?

Answer 4

Yes, the vice-president may be appointed to a government office, specifically the Cabinet, and his/her appointment need not be confirmed with the Commission on Appointments.

art vii sec 3 (2): The Vice-President may be appointed as a member of the Cabinet. Such appointment requires no confirmation

Question 5

How shall the President and the Vice-President be elected; when shall their terms begin, and until when shall they serve?

Answer 5

art vii sec 4 (1): The President and the Vice-President shall:

1. be elected by direct vote of the people;
2. their terms shall begin at noon on the 30th day of June next following the day of the election; and
3. shall end at noon of the same date, six years thereafter.

Question 6

Is the President eligible for reelection?

Answer 6

No, the President shall not be eligible for re-election (CONST art vii sec 4);

Question 7

When shall a person who has succeeded as President no longer be eligible for running as President?

Answer 7

(CONST art vii sec 4) No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.

Question 8

Does the Vice-President have a term limit?

Answer 8

Yes. Under CONST art vii sec 4 par 2: No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.

Question 9

When shall the President and the Vice-President be elected?

Answer 9

CONST art vii sec 4 par 3: Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May.

Question 10

What is the procedure for the canvassing of electoral results of the President and the Vice-President?

Answer 10

CONST art vii sec 4:

1. returns of every election shall be duly certified by the board of canvassers of each province or city;
2. the certified results shall be transmitted to the Congress, directed to the President of the Senate;
3. Upon receipt, the President of the Senate shall open all certificates of canvass not later than thirty days after the day of the election;
4. the certificates of canvass shall open all the certificates in the presence of the Senate and the House of Representatives in joint public session; and
5. the Congress shall canvass the votes;
6. the Person having the highest number of votes shall be proclaimed elected

Question 11

What shall happen in case of two or more shall have a tie?

Answer 11

In case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of Congress, voting separately.

• *** MAJORITY OF ALL MEMBERS OF
• *** BOTH HOUSES OF CONGRESS
• *** VOTING SEPARATELY

Question 12

Who shall be the judge of contests relating to election, returns, and qualifications of the President or the Vice-President?

Answer 12

art vii sec 4 CONST: The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose.

Question 13

What shall be executed by the President and the Vice-President before entering on the execution of their office?

Answer 13

art vii sec 5: Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take an oath of office.

Question 14

What are the limits regarding the salaries of the President and the Vice-President?

Answer 14

The limitations, as found in art vii sec 6 are:

1. the salaries shall be determined by law;
2. the salaries shall not be decreased during their tenure (limit on Congress);
3. No increase in said compensation shall take effect until the expiration of the term of the incumbent during which such increase was approved;
4. shall not receive during their tenure any other emolument from the Government OR ANY OTHER SOURCE.

Question 15

What shall happen if the President-elect fails to qualify?

Answer 15

Under sec 7 art vii CONST: If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President elect shall have qualified.

Question 16

What if no President was chosen in the election?

Answer 16

Under sec 7 art vii par 3 of the CONST: If a President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have been chosen and qualified.

Question 17

What shall happen if the newly elected President, at the beginning of his term, shall have died or have been permanently disabled?

Answer 17

Under sec 7 art vii par 4 CONST: If at the beginning of the term, the President, the President-elect shall have died or shall have become permanently disabled, the Vice-President-elect shall become President.

Question 18

What shall happen if no President and Vice-President shall have been chosen or qualified, or if both shall died or become permanently disabled?

Answer 18

Under sec 7 art vii par 5 CONST: Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled:

(1) The President of the Senate; or in case of incapacity;
(2) The Speaker of the House of Representatives,

shall act as President UNTIL a President or a Vice-President shall have been chosen and qualified.

Question 19

What shall happen if: (1) No President or Vice-President has been elected/qualified/or both have died; (2) Both the Senate and the House of Representatives are dead?

Answer 19

Under sec 7 art vii par 6 CONST: The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph [sec 7 art vii par 5].

Question 20

If the Vice-President shall have died while the President is stil lserving his term, what shall be the procedure?

Answer 20

Under sec 9 art vii CONST: Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.

Question 21

What shall happen when both the offices of the President and the Vice-President becomes vacant?

Answer 21

Under sec 10 art vii CONST: The Congress shall:

(1) convene 3 days after the vacancy at 10 am in accordance with its rules;
(2) enact a law within 7 days calling for a special election to elect the President and the Vice-President;
(3) the election shall be held not earlier than 45 days, nor later than 60 days from the time of such call [call is the enactment of the law?];
(4) the bill calling for the special election shall be deemed certified under paragraph 2 sec 26 art vi CONST;
(5) the bill shall become law upon its approval on third reading by Congress;
(6) appropriations for the special election shall be charged against ANY CURRENT APPROPRIATIONS and shall be exempt from the requirement of par 4 sec 25 art vi (special appropriations);
(7) The convening of Congress cannot be suspended nor the special election postponed (technically becomes an irrepealable law);
(8) No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

Question 22

When shall the Vice-President act as the Acting President?

Answer 22

(1) When the President transmits to the Senate President and the House Speaker his written declaration that he is unable to discharge his duties;
(2) When majority of all Members of the Cabinet transmit to the Senate President and the House Speaker that the President is unable to discharge his duties;
(3) When Congress decides by two-thirds vote of both Houses, voting separately, that the President is unable to discharge his duties, after a letter from majority of the Cabinet refuting the denial of the President regarding the inability;
(4) When the President-elect has failed to qualify;

Question 23

When shall the Vice-President’s term as Acting President cease?

Answer 23

(1) When the President sends his written declaration that no inability to discharge his office exists;
(2) When the President-elect has qualified.

Question 24

Who shall not be denied access to the President in case of serious illness?

Answer 24

sec 12 art vii CONST:

(1) members of the Cabinet in charge of national security and foreign relations; (2) Chief of Staff of the AFP

In case of serious illness of the President, the public shall be informed of the state of his health. The members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness.

Question 25

What are the prohibitions regarding the holding of other offices on the President and his official family?

Answer 25

Sec 13 art vii CONST:

(1) hold any other office or employment during their tenure;
(2) practice any other profession, directly or indirectly;
(3) participate in any business;
(4) be financially interested in any contract with Government;
(5) be financially interest in any franchise or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including GOCCs or their subsidiaries;

Question 26

What are the constitutionally prohibited offices on the spouses and relatives by consanguinity or affinity within the fourth civil degree (up to first cousins; and their spouses) of the President?

Answer 26

Sec 13 art vii par 2 CONST:

(1) Members of Constitutional Commissions;
(2) Office of the Ombudsman;
(3) Secretaries;
(4) Undersecretaries;
(5) Chairmen or heads of bureaus or offices; including GOCCs and their subsidiaries.

Question 27

Who are prohibited to “hold any other office”?

Answer 27

The President, the Vice-President, the Members of Cabinet and their deputies or assistants.