ARTICLE VII

EXECUTIVE DEPARTMENT

Section 1. The executive power shall be vested in the President of the Philippines.

Section 2. No person may be elected President unless he is a natural-born citizen of the

Philippines, a registered voter, able to read and write, at least forty years of age on the
day of the election, and a resident of the Philippines for at least ten years immediately
preceding such election.

Section 3. There shall be a Vice-President who shall have the same qualifications and
term of office and be elected with, and in the same manner, as the President. He may be
removed from office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment

requires no confirmation.

Section 4. The President and the Vice-President shall be elected by direct vote of the
people for a term of six years which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of the same date, six years
thereafter. The President shall not be eligible for any re-election. 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.

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.

Unless otherwise provided by law, the regular election for President and Vice-President
shall be held on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board
of canvassers of each province or city, shall be transmitted to the Congress, directed to
the President of the Senate. Upon receipt of the certificates of canvass, the President of
the Senate shall, not later than thirty days after the day of the election, open all the
certificates in the presence of the Senate and the House of Representatives in joint public
session, and the Congress, upon determination of the authenticity and due execution
thereof in the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but 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 the Congress,
voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.
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.

Section 5. Before they enter on the execution of their office, the President, the Vice-
President, or the Acting President shall take the following oath or affirmation:

“I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my duties as
President [or Vice-President or Acting President] of the Philippines, preserve and defend
its Constitution, execute its laws, do justice to every man, and consecrate myself to the
service of the Nation. So help me God.” [In case of affirmation, last sentence will be
omitted].

Section 6. The President shall have an official residence. The salaries of the President
and Vice-President shall be determined by law and shall not be decreased during their
tenure. No increase in said compensation shall take effect until after the expiration of the
term of the incumbent during which such increase was approved. They shall not receive
during their tenure any other emolument from the Government or any other source.

Section 7. The President-elect and the Vice President-elect shall assume office at the
beginning of their terms.

If the President-elect fails to qualify, the Vice President-elect shall act as President until
the President-elect shall have qualified.

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.

If at the beginning of the term of the President, the President-elect shall have died or shall
have become permanently disabled, the Vice President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified,
or where both shall have died or become permanently disabled, the President of the
Senate or, in case of his inability, the Speaker of the House of Representatives, shall act
as President until a President or a Vice-President shall have been chosen and qualified.

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.

Section 8. In case of death, permanent disability, removal from office, or resignation of

the President, the Vice-President shall become the President to serve the unexpired term.
In case of death, permanent disability, removal from office, or resignation of both the
President and Vice-President, the President of the Senate or, in case of his inability, the
Speaker of the House of Representatives, shall then act as President until the President
or Vice-President shall have been elected and qualified.
The Congress shall, by law, provide who shall serve as President in case of death,
permanent disability, or resignation of the Acting President. He shall serve until the
President or the Vice-President shall have been elected and qualified, and be subject to
the same restrictions of powers and disqualifications as the Acting President.

Section 9. 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 assume office
upon confirmation by a majority vote of all the Members of both Houses of the Congress,
voting separately.

Section 10. The Congress shall, at ten o’clock in the morning of the third day after the
vacancy in the offices of the President and Vice-President occurs, convene in accordance
with its rules without need of a call and within seven days, enact a law calling for a special
election to elect a President and a Vice-President to be held not earlier than forty-five
days nor later than sixty days from the time of such call. The bill calling such special
election shall be deemed certified under paragraph 2, Section 26, Article VI of this
Constitution and shall become law upon its approval on third reading by the Congress.
Appropriations for the special election shall be charged against any current appropriations
and shall be exempt from the requirements of paragraph 4, Section 25, Article VI of this
Constitution. The convening of the Congress cannot be suspended nor the special
election postponed. No special election shall be called if the vacancy occurs within
eighteen months before the date of the next presidential election.

Section 11. Whenever the President transmits to the President of the Senate and the
Speaker of the House of Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be discharged by the Vice-
President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the
Senate and to the Speaker of the House of Representatives their written declaration that
the President is unable to discharge the powers and duties of his office, the Vice-
President shall immediately assume the powers and duties of the office as Acting
President.

Thereafter, when the President transmits to the President of the Senate and to the
Speaker of the House of Representatives his written declaration that no inability exists,
he shall reassume the powers and duties of his office. Meanwhile, should a majority of all
the Members of the Cabinet transmit within five days to the President of the Senate and
to the Speaker of the House of Representatives, their written declaration that the
President is unable to discharge the powers and duties of his office, the Congress shall
decide the issue. For that purpose, the Congress shall convene, if it is not in session,
within forty-eight hours, in accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in
session, within twelve days after it is required to assemble, determines by a two-thirds
vote of both Houses, voting separately, that the President is unable to discharge the
powers and duties of his office, the Vice-President shall act as President; otherwise, the
President shall continue exercising the powers and duties of his office.

Section 12. 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.

Section 13. The President, Vice-President, the Members of the Cabinet, and their
deputies or assistants shall not, unless otherwise provided in this Constitution, hold any
other office or employment during their tenure. They shall not, during said tenure, directly
or indirectly, practice any other profession, participate in any business, or be financially
interested in any contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency, or instrumentality thereof, including government-
owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the
President shall not, during his tenure, be appointed as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including government-owned or controlled
corporations and their subsidiaries.

Section 14. Appointments extended by an Acting President shall remain effective, unless
revoked by the elected President, within ninety days from his assumption or reassumption
of office.

Section 15. Two months immediately before the next presidential elections and up to the
end of his term, a President or Acting President shall not make appointments, except
temporary appointments to executive positions when continued vacancies therein will
prejudice public service or endanger public safety.

Section 16. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other
public ministers and consuls, or officers of the armed forces from the rank of colonel or
naval captain, and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers of the Government whose
appointments are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the appointment of other
officers lower in rank in the President alone, in the courts, or in the heads of departments,
agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective only
until disapproved by the Commission on Appointments or until the next adjournment of
the Congress.
Section 17. The President shall have control of all the executive departments, bureaus,
and offices. He shall ensure that the laws be faithfully executed.

Section 18. The President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or rebellion. In case of invasion or
rebellion, when the public safety requires it, he may, for a period not exceeding sixty days,
suspend the privilege of the writ of habeas corpus or place the Philippines or any part
thereof under martial law. Within forty-eight hours from the proclamation of martial law or
the suspension of the privilege of the writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The Congress, voting jointly, by a vote of
at least a majority of all its Members in regular or special session, may revoke such
proclamation or suspension, which revocation shall not be set aside by the President.
Upon the initiative of the President, the Congress may, in the same manner, extend such
proclamation or suspension for a period to be determined by the Congress, if the invasion
or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus or the extension thereof, and must promulgate its
decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant
the functioning of the civil courts or legislative assemblies, nor authorize the conferment
of jurisdiction on military courts and agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons
judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus
arrested or detained shall be judicially charged within three days, otherwise he shall be
released.

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution,

the President may grant reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment.

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.
 ARTICLE VII. THE EXECUTIVE DEPARTMENT
Section 1. EXECUTIVE POWER
Scope:

1) Executive power is vested in the President of the Philippines.

2) The scope of this power is set forth in Art. VII of the Constitution. But this power is not
limited to those set forth therein. The SC, in Marcos v. Manglapus, referred to the RESIDUAL
powers of the President as the Chief Executive of the country, which powers include others not
set forth in the Constitution. EXAMPLE: The President is immune from suit and criminal
prosecution while he is in office.

3) Privilege of immunity from suit is personal to the President and may be invoked by him
alone. It may also be waived by the President, as when he himself files suit.

4) BUT The President CANNOT dispose of state property unless authorized by law.

Section 2. QUALIFICATIONS

1) Natural-born citizen of the Philippines

2) Registered voter;

3) Able to read and write;

4) At least 40 years old on the day of election

5) Philippine resident for at least 10 years immediately preceding such election.

Note: The Vice-President has the same qualifications & term of office as the President. He is
elected with & in the same manner as the President. He may be removed from office in the same
manner as the President.

Section 4. MANNER OF ELECTION/ TERM OF OFFICE

Manner of Election

1) The President and Vice-President shall be elected by direct vote of the people.

2) Election returns for President and Vice-President, as duly certified by the proper Board of
Canvassers shall be forwarded to Congress, directed to the Senate President.

3) Not later than 30 days after the day of the election, the certificates shall be opened in the
presence of both houses of Congress, assembled in joint public session.

4) The Congress, after determining the authenticity and due execution of the certificates, shall
canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed elected.

6) In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the
members of both Houses, voting separately. In case this results in a deadlock, the Senate
President shall be the acting President until the deadlock is broken.

7) The Supreme Court en banc shall act as the sole judge over all contests relating to the
election, returns, and qualifications of the President or Vice-President and may promulgate its
rules for the purpose.

Term of Office
1) President

a) 6 years beginning at noon on 30 June immediately following the election and ending at noon
on the same day 6 years later.

b) Term limitation: Single term only; not eligible for any reelection.

c) Any person who has succeeded as President, and served as such for more than 4 years shall
NOT be qualified for election to the same office at any time.

2) Vice-President:

a) 6 years, starting and ending the same time as the President.

b) Term limitation: 2 successive terms.

c) Voluntary renunciation of the office for any length of time is NOT an interruption in the
continuity of service for the full term for which the Vice-President was elected.

Section 6. SALARIES AND EMOLUMENTS

1) Official salaries are determined by law.

2) Salaries cannot be decreased during the TENURE of the President and the Vice-President.

3) Increases take effect only after the expiration of the TERM of the incumbent during which the
increase was approved.

4) Prohibited from receiving any other emolument from the government or any other source
during their TENURE

Sections 7-12, PRESIDENTIAL SUCCESSION

1. Vacancies at the beginning of the term

VACANCY SUCCESSOR
 President-elect fails to qualify or to be VP-elect will be Acting President until
chosen someone is qualified/chosen as President.

President-elect dies or is permanently

disabled. VP becomes President.

1. Senate President or
2. In case of his inability, the Speaker of
the House shall act as President until
a President or a VP shall have been
chosen and qualified.

In case of death or disability of (1) and

Both President and VP-elect are not chosen (2), Congress shall determine, by law,
or do not qualify or both die, or both who will be the acting President.
become permanently disabled.

2. Vacancies after the office is initially filled:

VACANCY SUCCESSOR

President dies, is permanently disabled, is Vice-President becomes President for the

impeached, or resigns. unexpired term.

1. Senate President or
2. In case of his inability, the Speaker of
the House shall act as President until
Both President and Vice-President die,
become permanently disabled, are the President or VP shall have been
impeached, or resign. elected and qualif

3) Vacancy in office of Vice-President during the term for which he was elected:

a) President will nominate new VP from any member of either House of Congress.

b) Nominee shall assume office upon confirmation by majority vote of ALL members of both
Houses, voting separately. (Nominee forfeits seat in Congress)

4) Election of President and Vice-President after vacancy during tem

a) Congress shall convene 3 days after the vacancy in the office of both the President and the
VP, without need of a call. The convening of Congress cannot be suspended.

b) Within 7 days after convening, Congress shall enact a law calling for a special election to
elect a President and a VP. The special election cannot be postponed.

c) The special election shall be held not earlier than 45 days not later than 60 days from the
time of the enactment of the law.

d) The 3 readings for the special law need not be held on separate days.
e) The law shall be deemed enacted upon its approval on third reading.

BUT: No special election shall be called if the vacancy occurs within 18 months before the date of
the next presidential election.

5) Temporary disability of the President:

The temporary inability of the President to discharge his duties may be raised in either of two
ways:

a) By the President himself, when he sends a written declaration to the Senate President and
the Speaker of the House. In this case, the Vice-President will be Acting President until the
President transmits a written declaration to the contrary.

b) When a majority of the Cabinet members transmit to the Senate President and the Speaker
their written declaration.

(i) The VP will immediately be Acting President.

(ii) BUT: If the President transmits a written declaration that he is not disabled, he
reassumes his position.

(iii) If within 5 days after the President re-assumes his position, the majority of the Cabinet
retransmits their written declaration, Congress shall decide the issue. In this event, Congress
shall reconvene within 48 hours if it is not in session, without need of a call.

(iv) Within 10 days after Congress is required to assemble, or 12 days if Congress is not in
session, a 2/3 majority of both Houses, voting separately, is needed to find the President
temporarily disabled, in which case, the VP will be Acting President.

6) Presidential Illness:

a) If the President is seriously ill, the public must be informed thereof.

b) Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and
the Chief of Staff of the AFP are entitled to access to the President

Section 13. DISQUALIFICATIONS

SUBJECT SOURCE OF DISQUALIFICATION

Prohibited from:
President, Vice-President,
Cabinet Members, Deputies or 1. Holding any office or employment during their
Assistants of Cabinet Members tenure, UNLESS:
 1. otherwise provided in the Constitution (e.g. VP
can be appointed a Cabinet Member, Sec. of
Justice sits on Judicial and Bar Council); or
2. the positions are ex-officio and they do not
receive any salary or other emoluments therefor
(e.g. Sec. of Finance is head of Monetary Board).

1. Practicing, directly or indirectly, any other

profession during their tenure;

1. Participating in any business;

1. Being financially interested in any contract with,

or in any franchise, or special privilege granted
by the government or any subdivision, agency or
instrumentality thereof, including GOCC’s or their
subsidiaries.

N.B. The rule on disqualifications for the President

and his Cabinet are stricter than the normal rules
applicable to appointive and elective officers under
Art. IX-B, Sec. 7.

Cannot be appointed during President’s tenure as:

1. Members of the Constitutional Commissions;

Spouses and 4th degree relatives
of the President (consanguinity
or affinity)
2. Office of the Ombudsman;
3. Department Secretaries;
4. Department under-secretaries;
5. Chairman or heads of bureaus or offices including
GOCC’s and their subsidiaries.
 N.B.

1. If the spouse, etc., was already in any of the

above offices at the time before his/her spouse
became President, he/she may continue in
office. What is prohibited is appointment and
reappointment, NOT continuation in office.
2. Spouses, etc., can be appointed to the judiciary
and as ambassadors and consuls.

Sections 14-16. POWER TO APPOINT

Principles:

1) Since the power to appoint is executive in nature, Congress cannot usurp this function.

2) While Congress (and the Constitution in certain cases) may prescribe the qualifications for
particular offices, the determination of who among those who are qualified will be appointed is
the President’s prerogative.

Scope:

The President shall appoint the following:

1) Heads of executive departments (CA confirmation needed):

2) Ambassadors, other public ministers, and consuls (CA confirmation needed).

3) Officers of AFP from rank of colonel or naval captain (CA confirmation needed).

4) Other officers whose appointment is vested in him by the Constitution (CA confirmation
needed), such as:

a) Chairmen and members of the COMELEC, COA and CSC.

b) Regular members of the Judicial and Bar Council.

c) The Ombudsman and his deputies;

d) Sectoral representatives in Congress.

  N.B. President also appoints members of the Supreme Court and judges of the lower courts, but
these appointments do not need CA confirmation.

5) All other officers whose appointments are not otherwise provided for by law; and those whom
he may be authorized by law to appoint.

a) This includes the Chairman and members of the Commission on Human Rights, whose
appointments are provided for by law NOT by the Constitution.

b) Congress may, by law, vest the appointment of other officers lower in rank in the President
alone or in the courts, or in the heads of departments, agencies, boards or commissions.

c) BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers
for offices created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko Sentral
Governor).
d) ALSO: Voluntary submission by the President to the CA for confirmation of an appointment
which is not required to be confirmed does not vest the CA with jurisdiction. The President
cannot extend the scope of the CA’s power as provided for in the Constitution.
Procedure:
1) CA confirmation needed:

a) Nomination by President

b) Confirmation by CA

c) Appointment by President; and

d) Acceptance by appointee.

Note: At any time before all four steps have been complied with, the President can withdraw the
nomination/appointment.

2) No CA confirmation:

a) Appointment; and

b) Acceptance.

Note: Once appointee accepts, President can no longer withdraw the appointment.

Ad-interim appointments:

1) When Congress is in recess, the President may still appoint officers to positions subject to CA
confirmation.
2) These appointments are effective immediately, but are only effective until they are
disapproved by the CA or until the next adjournment of Congress.

3) Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and need
no CA approval.

Appointments by an Acting President:

These shall remain effective UNLESS revoked by the elected President within 90 days from his
assumption or re-assumption of office.

Limitation

1) 2 months immediately before the next Presidential elections, and up to the end of his term,
the President or Acting President SHALL NOT make appointments. This is to prevent the practice
of ‘midnight appointments.”

2) EXCEPTION:

a) Can make TEMPORARY APPOINTMENTS

b) To fill EXECUTIVE POSITIONS;

c) If continued vacancies therein will prejudice public service or endanger public safety.

Section 17. Power of Control and Supervision

Power of Control:

The power of an officer to alter, modify, or set aside what a subordinate officer has done in the
performance of his duties, and to substitute the judgment of the officer for that of his
subordinate. Thus, the President exercises control over all the executive departments, bureaus,
and offices.

The President’s power over government-owned corporations comes not from the Constitution but
from statute. Hence, it may be taken away by statute.

Qualified Political Agency:

1) Since all executive and administrative organizations are adjuncts of the Executive
Department, the heads of such departments, etc. are assistants and agents of the President.

2) Thus, generally the acts of these department heads, etc, which are performed and
promulgated in the regular course of business, are presumptively the acts of the President.

3) Exception: If the acts are disapproved or reprobated by the President.

4) Under Administrative Law, decisions of Department Secretaries need not be appealed to the
President in order to comply with the requirement of exhaustion of administrative remedies.

5) Qualified political agency does NOT apply if the President is required to act in person by law
or by the Constitution. Example: The power to grant pardons must be exercised personally by the
President.

Disciplinary Powers:

1) The power of the President to discipline officers flows from the power to appoint the, and
NOT from the power control.

2) BUT While the President may remove from office those who are not entitled to security of
tenure, or those officers with no set terms, such as Department Heads, the officers, and
employees entitled to security of tenure cannot be summarily removed from office.

Power of Supervision:

1) This is the power of a superior officer to ensure that the laws are faithfully executed by
subordinates.

2) The power of the president over local government units is only of general supervision. Thus,
he can only interfere with the actions of their executive heads if these are contrary to law.

3) The execution of laws is an OBLIGATION of the President. He cannot suspend the operation
of laws.

4) The power of supervision does not include the power of control; but the power of control
necessarily includes the power of supervision.

Section 18. COMMANDER-IN-CHIEF POWERS

Scope:

1) The President is the Commander-in-Chief of the Armed Forces.

2) Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS:

a) Lawless violence;

b) Invasion; or

c) Rebellion.

3) The President may also:

a) Suspend the privilege of the writ of habeas corpus; and

b) Proclaim a state of martial law.

Suspension of the privilege of the writ of habeas corpus and declaring martial law;
1. Grounds
1. Invasion or
2. Rebellion; and
3. Public safety requires it.
1. The invasion or rebellion must be ACTUAL and not merely imminent.
1. Limitations:
1. Suspension or proclamation is effective for only 60 days.
1. Within 48 hours from the declaration or suspension, the President must submit a report to
Congress.
1. Congress, by majority vote and voting jointly, may revoke the same, and the President cannot
set aside the revocation.
1. In the same manner, at the President’s initiative, Congress can extend the same for a period
determined by Congress if:

i. Invasion or rebellion persist and

ii. Public safety requires it.

NOTE: Congress CANNOT extend the period motu propio.

1. Supreme Court review:

i. The appropriate proceeding can be filed by any citizen.

ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.

iii. Decision is promulgated within 30 days from filing.

1. f. Martial Law does NOT:

i. Suspend the operation of the Constitution.

ii. Supplant the functioning of the civil courts or legislative assemblies.

iii. Authorize conferment of jurisdiction on military courts over civilians where civil courts are
able to function and

iv. Automatically suspend the privilege of the writ.

1. Suspension of privilege of the writ:

i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly
connected with invasion.
ii. Anyone arrested or detained during suspension must be charged within 3 days. Otherwise he
should be released.

Note: While the suspension of the privilege of writ and the proclamation of martial law is subject
to judicial review, the actual use by the President of the armed forces is not. Thus, troop
deployments in times of war is subject to the President’s judgment and discretion.

Section 19: EXECUTIVE CLEMENCY

Scope:
1.) The President may grant the following: [ Pa R C Re]
1. Pardons (conditional or plenary)
2. Reprieves
3. Commutations
4. Remittance of fines and forfeitures

2.) These may only be granted AFTER conviction by final judgment.

3.) ALSO: The power to grant clemency includes cases involving administrative penalties.

4.) Where a conditional pardon is granted, the determination of whether it has been violated
rests with the President.

Limitations:

1.) As to scope:

Cannot be granted:

a.) Before conviction

b.) In cases of impeachment

c.) For violations of election laws, rules, and regulation without the favorable recommendation
of the COMELEC

d.) In cases of civil or legislative contempt

2.) As to effect:

a.) Does not absolve civil liabilities for an offense.

b.) Does not restore public offices already forfeited, although eligibility for the same may be
restored.

Amnesty:
1.) An act of grace concurred in by Congress, usually extended to groups of persons who commit
political offenses, which puts into oblivion the offense itself.

2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a majority of all the
members of Congress.

3.) When a person applies for amnesty, he must admit his guilt of the offense which is subject to
such amnesty. If his application is denied, he can be convicted based on this admission of guilt.

4.) Amnesty V. Pardon

AMNESTY PARDON

Addressed to POLITICAL offenses Addressed to ORDINARY offenses

Granted to a CLASS of persons Granted to INDIVIDUALS

Need not be accepted Must be accepted

Requires concurrence of majority of all

members of Congress No need for Congressional concurrence

A public act. Subject to judicial notice Private act of President. It must be proved.

Only penalties are extinguished.

May or may not restore political rights.

Absolute pardon restores. Conditional
does not.

Civil indemnity is not extinguished.

Extinguishes the offense itself

May be granted before or after Only granted after conviction by final

conviction judgement

Section 20. Power to Contract or Guarantee Foreign Loans

Limitations:

(1) 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

(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:

(1) Power to negotiate treaties and other international agreements

(a) BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all
Senators in order to be valid and effective in our country.
(b) Options of Senate when a treaty is submitted for its approval:

(i) Approve with 2/3 majority;

(ii) Disapprove outright; or

(iii) Approve conditionally, with suggested amendments.

(c) If treaty is not re-negotiated, no treaty

(d) If treaty is re-negotiated and the Senate’s suggestions are incorporated, the treaty will go
into effect without need of further Senate approval.

Note: While our municipal law makes a distinction between international agreements and
executive agreements, with the former requiring Senate approval and the latter not needing the
same, under international law, there is no such distinction.
Note: The President cannot, by executive agreement, undertake an obligation which indirectly
circumvents a legal prohibition.

(e) Conflict between treaty and municipal law.

(i) Philippine court:

The later enactment will prevail, be it treaty or law, as it is the latest expression of the State’s
will.

(ii) International tribunal

Treaty will always prevail. A State cannot plead its municipal law to justify noncompliance with
an international obligation.

(2) Power to appoint ambassadors, other public ministers, and consuls.

(3) Power to receive ambassadors and other public ministers accredited to the Philippines.

(4) Power to contract and guarantee foreign loans on behalf of the Republic

(5) Power to deport aliens

(a) This power is vested in the President by virtue of his office, subject only to restrictions as
may be provided by legislation as regards the grounds for deportation.

(b) In the absence of any legislative restriction to authority, the President may still exercise this
power.
(c) The power to deport aliens is limited by the requirements of due process, which entitles the
alien to a full and fair hearing.

BUT: The alien is not entitled to bail as a matter of right.