ARTICLE VII If the President-elect fails to qualify, the Vice
EXECUTIVE DEPARTMENT President-elect shall act as President until
the President-elect shall have qualified.
Section 1. The executive power shall be vested
in the President of the Philippines. If a President shall not have been chosen, the
Vice President-elect shall act as President
Section 2. No person may be elected President until a President shall have been chosen and
unless he is a: qualified.
1. natural-born citizen; If at the beginning of the term of the President,
2. registered voter; the President-elect shall have died or shall
3. able to read and write; have become permanently disabled, the Vice
4. at least forty years of age on the day of President-elect shall become President.
the election; and,
5. a resident of the Philippines for at least Where no President and Vice-President shall
ten years immediately preceding such have been chosen or shall have qualified, or
election. where both shall have died or become
permanently disabled, the President of the
Section 3. There shall be a Vice-President Senate or, in case of his inability, the Speaker
who shall have the same qualifications and of the House of Representatives, shall act as
term of office and be elected with, and in the President until a President or a Vice-
same manner, as the President. He may be President shall have been chosen and
removed from office in the same manner as the qualified.
President.
xxx
The Vice-President may be appointed as a
Member of the Cabinet. Such appointment Section 8. In case of death, permanent
requires no confirmation. disability, removal from office, or
resignation of the President, the Vice-
Section 4. The President and the Vice- President shall become the President; OR
President shall be elected by direct vote of the DPRR of VP - President of the Senate; OR
people for a term of six years which shall begin INABILITY of SP - Speaker of the House of
at noon on the thirtieth day of June next Representatives, shall then act as President
following the day of the election and shall end until the President or Vice-President shall have
at noon of the same date, six years thereafter. been elected and qualified.
The President shall not be eligible for any re-
election. No person who has succeeded as xxx
President and has served as such for more than
four years shall be qualified for election to the Section 9. Whenever there is a vacancy in the
same office at any time. Office of the Vice-President during the term
for which he was elected, the President shall
xxx nominate a Vice-President from among the
Members of the Senate and the House of
The person having the highest number of votes Representatives who shall assume office upon
shall be proclaimed elected, but in case two or confirmation by a majority vote of all the
more shall have an equal and highest Members of both Houses of the Congress,
number of votes, one of them shall forthwith voting separately.
be chosen by the vote of a majority of all the
Members of both Houses of the Congress, xxx
voting separately.
Section 11. Whenever the President transmits
The Congress shall promulgate its rules for the to the President of the Senate and the Speaker
canvassing of the certificates. of the House of Representatives his written
declaration that he is unable to discharge the
The Supreme Court, sitting en banc, shall be powers and duties of his office, and until he
the sole judge of all contests relating to the transmits to them a written declaration to the
election, returns, and qualifications of the contrary, such powers and duties shall be
President or Vice-President, and may discharged by the Vice-President as Acting
promulgate its rules for the purpose. President.
xxx Whenever a majority of all the Members of
the Cabinet transmit to the President of the
Section 7. The President-elect and the Vice Senate and to the Speaker of the House of
President-elect shall assume office at the Representatives their written declaration that
beginning of their terms. the President is unable to discharge the
powers and duties of his office, the Vice-
President shall immediately assume the to prevent or suppress lawless violence,
powers and duties of the office as Acting invasion or rebellion.
President.
In case of invasion or rebellion, when the
Thereafter, when the President transmits to the public safety requires it, he may, for a period
President of the Senate and to the Speaker of not exceeding sixty days, suspend the
the House of Representatives his written privilege of the writ of habeas corpus or
declaration that no inability exists, he shall place the Philippines or any part thereof
reassume the powers and duties of his office. under martial law. Within forty-eight hours
from the proclamation of martial law or the
Meanwhile, should a majority of all the suspension of the privilege of the writ of habeas
Members of the Cabinet transmit within five corpus, the President shall submit a report in
days to the President of the Senate and to the person or in writing to the Congress.
Speaker of the House of Representatives, their
written declaration that the President is The Congress, voting jointly, by a vote of at
unable to discharge the powers and duties of least a majority of all its Members in regular
his office, the Congress shall decide the or special session, may revoke such
issue. For that purpose, the Congress shall proclamation or suspension, which
convene, if it is not in session, within forty- revocation shall not be set aside by the
eight hours, in accordance with its rules and President. Upon the initiative of the President,
without need of call. the Congress may, in the same manner, extend
such proclamation or suspension for a period
If the Congress, within ten days after receipt of to be determined by the Congress, if the
the last written declaration, or, if not in session, invasion or rebellion shall persist and public
within twelve days after it is required to safety requires it.
assemble, determines by a two-thirds vote of
both Houses, voting separately, that the The Congress, if not in session, shall, within
President is unable to discharge the powers twenty-four hours following such proclamation
and duties of his office, the Vice-President or suspension, convene in accordance with its
shall act as President; otherwise, the rules without need of a call.
President shall continue exercising the powers
and duties of his office. The Supreme Court may review, in an
appropriate proceeding filed by any citizen, the
Section 12. In case of serious illness of the sufficiency of the factual basis of the
President, the public shall be informed of the proclamation of martial law or the
state of his health. The members of the suspension of the privilege of the writ or the
Cabinet in charge of national security and extension thereof, and must promulgate its
foreign relations and the Chief of Staff of the decision thereon within thirty days from its
Armed Forces of the Philippines, shall not be filing.
denied access to the President during such
illness. A state of martial law does not suspend the
operation of the Constitution, nor supplant the
xxx functioning of the civil courts or legislative
assemblies, nor authorize the conferment of
The spouse and relatives by consanguinity or jurisdiction on military courts and agencies
affinity within the fourth civil degree of the over civilians where civil courts are able to
President shall not, during his tenure, be function, nor automatically suspend the
appointed as Members of the Constitutional privilege of the writ.
Commissions, or the Office of the
Ombudsman, or as Secretaries, The suspension of the privilege of the writ
Undersecretaries, chairmen or heads of shall apply only to persons judicially
bureaus or offices, including government- charged for rebellion or offenses inherent in
owned or controlled corporations and their or directly connected with invasion.
subsidiaries.
During the suspension of the privilege of the
xxx writ, any person thus arrested or detained shall
be judicially charged within three days,
Section 17. The President shall have control otherwise he shall be released.
of all the executive departments, bureaus,
and offices. He shall ensure that the laws be Section 19. Except in cases of impeachment,
faithfully executed. or as otherwise provided in this Constitution,
the President may grant reprieves,
Section 18. The President shall be the commutations, and pardons, and remit fines
Commander-in-Chief of all armed forces of and forfeitures, after conviction by final
the Philippines and whenever it becomes judgment.
necessary, he may call out such armed forces
He shall also have the power to grant amnesty
with the concurrence of a majority of all the
Members of the Congress.
Section 20. The President may contract or
guarantee foreign loans on behalf of the
Republic of the Philippines with the prior
concurrence of the Monetary Board, and
subject to such limitations as may be provided
by law. The Monetary Board shall, within thirty
days from the end of every quarter of the
calendar year, submit to the Congress a
complete report of its decision on applications
for loans to be contracted or guaranteed by the
Government or government-owned and
controlled corporations which would have the
effect of increasing the foreign debt, and
containing other matters as may be provided by
law.
Section 21. No treaty or international
agreement shall be valid and effective unless
concurred in by at least two-thirds of all the
Members of the Senate.
Section 22. The President shall submit to the
Congress, within thirty days from the opening
of every regular session as the basis of the
general appropriations bill, a budget of
expenditures and sources of financing,
including receipts from existing and proposed
revenue measures.
Section 23. The President shall address the
Congress at the opening of its regular session.
He may also appear before it at any other time.