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A Lecture on the

1987 Philippine Constitution


 Qualifications:
 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
[Sec. 2, Art. VII].
 Mea Culpa was found as a newborn infant in Pink
Sisters ,Baguio and was legally adopted by Julia and
Cardo in 1974, when she reached the age of 5. She
immigrated to the US in 1991 after getting married.
She became a naturalized American citizen in 2001.
She returned in the Philippines in 2004,quit her job in
the US and returned for good in May 24, 2005. On
July 2006, she reacquired her Filipino citizenship
under RA 9225.She registered as a voter and obtained
Philippine passport. In 2010 she renounced her
American citizenship to satisfy the requirements of
RA 9225.
 President :six [6] years

 Vice- President: six [6] years


Vacancy in the office of the Vice President [Sec.
9, Art. VII]: 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 Congress
voting separately
 a) Shall not receive any other emoluments
from the government or any other source

 b) Unless otherwise provided in this


Constitution, shall not hold any other office
or employment.
 d) Strictly avoid conflict of interest in the
conduct of their office.
 e) May not appoint spouse or relatives by
consanguinity or affinity within the fourth civil
degree as Members of Constitutional
Commissions, or the Office of the Ombudsman,
or as Secretaries, Under Secretaries, chairmen or
heads of bureaus or offices, including
government-owned or -controlled corporations
and their subsidiaries.
 a) Vacancy at the beginning of the term.

 i) Death or permanent disability of the


President-elect: Vice President-elect shall
become President.

 ii) President-elect fails to qualify: Vice


President-elect shall act as President until the
President-elect shall have qualified.
 iii) President shall not have been chosen: Vice
President-elect shall act as President until a
President shall have been chosen and
qualified.
 iv) No President and Vice President chosen nor
shall have qualified, or 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. In the
event of inability of the officials mentioned,
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.
 b) Vacancy during the term:

 i) Death, permanent disability, removal from


office, or resignation of the President: Vice
President shall become the President.
 Joseph Ejercito Estrada v. Gloria Macapagal-
Arroyo, G. R. No. 146738, March 2, 2001

The Court declared that the elements of a valid


resignation are: [1] intent to resign; and [2] act
of relinquishment. Both were present when
President Estrada left the Palace.
 ii) Death, permanent disability, removal from
office, or resignation of President and Vice
President: Senate President or, in case of his
inability, the Speaker of the House of
Representatives, shall act as President until a
President or Vice President shall be elected
and qualified. Congress, by law, shall provide
for the manner in which one is to act as
President in the event of inability of the
officials mentioned above.
 Public office is a public trust. Public officers
and employees must at all times be
accountable to the people, serve them with
utmost responsibility, integrity, loyalty and
efficiency, act with patriotism and justice,
and lead modest lives [Sec. 1, Art. XI].
President,
Vice President,
Chief Justice and Associate Justices of the
Supreme Court,
Chairmen and Members of the Constitutional
Commissions,
and the Ombudsman.
 Culpable violation of the Constitution,
 treason,
 bribery,
 graft and corruption,
 other high crimes, or
 betrayal of the public trust.
 The Power of Appointment ,Sec. 16, Art. VII
Steps in the appointing process:
i) Nomination by the President;
ii) ii) Confirmation by the Commission on
Appointments;
iii) iii) Issuance of the commission;
iv) iv) Acceptance by the appointee.
Officials who are to be appointed by the
President. President shall nominate, and with the
consent of the Commission on Appointments,
appoint the following:
 a] Heads of executive departments;
 [b] Ambassadors, other public ministers and
consuls;
 [c] Officers of the armed forces from the rank of
colonel or naval captain; and
 [d Those other officers whose appointments are
vested in him in the Constitution.
 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 [Sec.
15, Art. VII].
 The President exercises only the power of
general supervision over local governments
[Sec. 4, Art. X]
 The Military Powers ,Sec. 18, Art. VII
…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…
 The Pardoning Power ,Sec. 19, Art. VII
i) Pardon
ii) Commutation.
iii) Reprieve
iv) Parole
v) Amnesty
 The Civil Service Commission
1. Composition:
A Chairman and two Commissioners, who shall be natural-born
citizens of the Philippines and, at the time of their appointment,
at least 35 years of age,
with proven capacity for public administration,
and must not have been candidates for any elective position in the
election immediately preceding their appointment.
They shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven [7] years without
reappointment. In no case shall any member be appointed or
designated in a temporary or acting capacity.
 University of the Philippines v. Regino, 221
SCRA 598, it was held that the University of
the Philippines, having been created by a
special law and having an original charter, is
clearly part of the Civil Service.

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