Article 7 of the 1987 Constitution

Question 1

Section 1

Answer 1

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

Question 2

Section 2

Answer 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.

Question 3

Section 3 paragraph 1

Answer 3

There shall be a Vice President who shall have the same qualifications, and the 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.

Question 4

Section 3 paragraph 2

Answer 4

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.

Question 5

Section 4 Paragraph 1

Answer 5

The President and the Vice President shall be elected by direct vote from 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 reelection. No person who has suceeded as President and has served as such for more than four years shall be qualified for election to the same office at any length of time.

Question 6

Section 4 Paragraph 2

Answer 6

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 his service for the full term for which he was elected.

Question 7

Section 4 Paragraph 3

Answer 7

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

Question 8

Section 4 Paragraph 4

Answer 8

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 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.

Question 9

Section 4 Paragraph 5

Answer 9

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.

Question 10

Section 4 Paragraph 6

Answer 10

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

Question 11

Section 4 Paragraph 7

Answer 11

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to elections, returns, and qualifications of the President or the Vice President, and may promulgate its rules for the purpose.

Question 12

Section 5

Answer 12

Before they enter to 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 waill 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 omitted.)”

Question 13

Section 6

Answer 13

The President shall have an official residence. The salaries of the President and the 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.

Question 14

Section 7 Paragraph 1

Answer 14

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

Question 15

Section 7 Paragraph 2

Answer 15

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

Question 16

Section 7 Paragraph 3

Answer 16

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

Section 7 Paragraph 4

Answer 17

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

Question 18

Section 7 Paragraph 5

Answer 18

Where no President or Vice President shall have been chosen or shall have qualified, or where both shall have died or have 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 Vice President shall have been chosen and qualified.

Question 19

Section 7 Paragraph 6

Answer 19

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 Vice President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.

Question 20

Section 8 Paragraph 1

Answer 20

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 disability, the Speaker of the House of Representatives, shall then act as President until the President or Vice President shall have been elected and qualified.

Question 21

Section 8 Paragraph 2

Answer 21

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, removal from office, or resignation of the Acting Presdient. He shall serve until the President or Vice President shall have been elected and qualified, and be subject to the same restrictions of power and disqualifications as the Acting President.

Question 22

Section 9

Answer 22

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 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.

Question 23

Section 10

Answer 23

The Congress shall, at ten o’clock in thr morning of the third day after the vacancy of the offices of the President and Vice President, convene in accordance with its rules without need of a call and within seven days, shall enact a law calling for a special election to elect the President and 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 a law on the third reading by the Congress. Appropriations for the special election shall be charged against any current appropriations, and shall be exempted 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.

Question 24

Section 11 Paragraph 1

Answer 24

Whenever the President transmits to the President of the Senate and the Speaker of the House of Representative his written declaration that he is unable to discharge such 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.

Question 25

Section 11 Paragraph 1

Answer 25

Whenever the President transmits to the President of the Senate and the Speaker of the House of Representative his written declaration that he is unable to discharge such 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.

Question 26

Section 11 Paragraph 2

Answer 26

Whenever a majority of all the Members of the Cabinet transmits to the President of the Senate and 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.

Question 27

Section 11 Paragraph 3

Answer 27

Thereafter, when the President transmits to the President of the Senate and the Speaker of the House of Representatives 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 transmits within five days to the President of the Senate and the Speaker of the House of Representatives 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.

Question 28

Section 11 Paragraph 4

Answer 28

If the Congress, within ten days after the receipt of the last written declaration, or if it is 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.

Question 29

Section 12

Answer 29

In case of serious ilness of the President, the public shall be informed of the state of his health. The Members of thr 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 30

Section 13 Paragraph 1

Answer 30

The President, the 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 interested financially in any contracts 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 interest in the conduct of their office.

Question 31

Section 13 Paragraph 2

Answer 31

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 subsidaries.

Question 32

Section 14

Answer 32

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

Question 33

Section 15

Answer 33

Two months immediately before the next presidential election 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 endager public safety.

Question 34

Section 16 Paragraph 1

Answer 34

The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of executive departments, ambassadors, other public ministers and consuls or offices of the armed forces from the rank of the 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 by law and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointments of other officers lower in ranks in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.

Question 35

Section 16 Paragraph 2

Answer 35

The President shall the power to make appointments during recess of the Congress, whether voluntary or compulsary, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress.

Question 36

Section 17

Answer 36

The President shall have control of all executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.