Article VII 1-16 Flashcards
T/F. The executive power shall be vested in the President of the Philippines.
True. See Article VII (1)
T/F. The powers enumerated in the constitution are the only kind of power the President can execute.
No. He has incidental power. Such as, the power of the President to expel undesirable aliens. Recognize other States.
T/F. It is a controversy whether the power of the President must be expressly said in the Constitution or, at the very least, law
True. E.g., selling property in Japan. There must be a law, says Congress, before he can sell. LIMITATION to the power of the President.
Five qualifications to run as President
- Natural born citizen
- Registered voter
- Able to read and write
- At least forty years old on the day of the election
- Resident of the PH for at least 10 years IMMEDIATELY preceding the elections
See See Article VII (2)
T/F. VP should have the same qualifications as the President?
True. See Article VII (3)
T/F. VP has the same term of office and can be removed in the same manner as the President?
True. See Article VII (3)
How can the P and VP be removed?
Only impeachment
T/F. VP may be appointed as a Member of the Cabinet
True. See Article VII (3)
Rationale: Not only a spare tire for presidency.
Y/N. Is it optional for the VP to accept appointment as Member of the Cabinet?
No. It is compulsory.
T/F. The term of office for P and VP is six years.
True. See Article VII (4)
When is the election of the P and VP?
Second Monday of May
When is the start of term of the P and VP?
Noon at 30th day of June
T/F. President is NOT eligible for ANY re-election to the SAME office.
True. See Article VII (4) and also Estrada case.
T/F. VP is NOT eligible for ANY re-election to the SAME office.
False. Only not allowed to serve for more than two consecutive terms. Voluntary renunciation shall not be considered as an interruption.
Y/N. It is unclear whether the Constitution will allow the VP to serve two years, take a break, and then get re-elected.
Yes.
Who is tasked with the duty to the canvassing for votes for the candidates of the P and VP.
Congress, as contained in the certificate of canvas
What is a certificate of canvas?
Total votes contained for each province and cities
Can the Senate still convene when the Senate has made its final adjournment. Will it require a calling of special session by the President?
No. This is one of the non-legislative duties of the congress.
Two things the Congress has to determine while canvassing votes for the P and VP
- Determine genuineness // authenticity of the certificate of canvass
- Due execution of the certificate of canvass in a manner provided by law.
What is the PET
Constituting of the members of the SC. Will be the sole judge for contests of the controversies President-elects.
Highest votes win. Suppose there are two candidates that have the same number of votes, who will you dictate as the winner.
Trick question. You have to inquire FIRST whether they have the highest number of votes.
Suppose there are two candidates that have the same number of votes, both of them having highest number of votes, who will you dictate as the winner.
The Congress can vote separately.
Can the Congress promulgate its rules for canvassing?
Yes.
Can the SC re-evaluate the decision of the PET?
No. The PRET is the SC. Although, the PRET is a separate entity from the SC, their members are the same.
T/F. The SC as PRET can only have jurisdiction AFTER an Oath has been taken
True. See Article VII (5).
Two things to consider regarding Article VII (5).
- Must be completely done or ELSE there will be an issue of irregularity. Can be questioned. He can fail to assume the office.
- To avoid questions, in the case of Obama, he took another oath in the White House.
T/F. The President shall:
1. Have an official residence
2. Salaries of the P or VP to be determined by law but shall NOT DECREASE during their tenure
3. No increase until after expiration of term during such increase was approved
4. Not receive any other emolument.
True. See Article VII (6).
T/F. If the President-elect fails to qualify, the VP-elect shall act as President until the President-elect shall have qualified
True. See Article VII (7).
T/F. If P shall not have been chosen, the VP-elect shall act as President until P has been chosen and qualified.
True. See Article VII (7).
T/F. If there is no P or VP, the Chief Justice can act as the P or VP
False. President of the Senate or Speaker of the HoR.
T/F. The Constitution provides the manner in which one who is acting as P shall be selected in case of death, permanent disability, or inability in the preceding paragraph
False. It is provided by law.
Suppose the one chosen by the Congress to be acting P is different from that the people will vote, who will prevail?
PRET will take cognizance.
What are the four situations when there can be vacancy in the P position
- Death
- Permanent disability
- Removal (impeachment)
- Resignation
See Article VII (8)
T/F. Supreme Court can provide who shall serve as P in the death of the Acting P
False. Congress shall provide. See Article VII (8)
Two situations contemplated in See Article VII (11)
- That the P will tell Congress he could NOT discharge his functions
- That P believes he can but Congress thinks he cannot. Congress prevails.
T/F. In case of serious illness, P shall inform the public of his state of health.
True. See Article VII (12)
Who has access to P’s health information?
- Members of the Cabinet, particularly those in charge of national security and foreign relations
- Chief of staff of AFP
See Article VII (12)
T/F. P, VP or Members of the Cabinet shall NOT hold any other office or employment during tenure, unless otherwise provided by law
False. Only to be provided by the Constitution. See Article VII (13)
Tenure vs. Term
Use of “tenure” is important in the context of Cabinet. They do NOT have a fixed term. Actual incumbency.
T/F. P, VP or Members of the Cabinet CAN directly or indirectly practice any other profession, in any business, or be financially interested in any contract, or in any franchise or special privileged granted by the Government.
False. They CANNOT. See Article VII (13)
T/F. P, VP or Members of the Cabinet can hold ex officio status in other profession, business, etc.
True. See Article VII (13)
T/F. Spouses or relatives consanguinity or affinity within the fourth civil degree of the P shall not during his tenure be appointment as members of the Constitutional commissions, Office of the Ombudsman or as Secretaries, Undersecretaries, chairmen or heads of bureaus of offices, including government owned corporations and their subsidiaries
True. See Article VII (13)
Why does Article VII (13) not include the Senate?
Senate members are elected.
T/F. Spouses or relatives consanguinity or affinity outside the fourth civil degree of the P CAN during his tenure be appointment as members of the Constitutional commissions, Office of the Ombudsman or as Secretaries, Undersecretaries, chairmen or heads of bureaus of offices, including government owned corporations and their subsidiaries
True.
T/F. Appointments made by the acting president are effective
True. See Article VII (14)
T/F. Appointments made by the acting president are effective UNTIL revoked by elected president
True. See Article VII (14)
Limitation of Article VII (14)?
Elected president only allowed to revoke WITHIN 90 days of assumption of office.
T/F. 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
True. Article VII (15)
Exception of Article VII (15)
Temporary when continued vacancy will ENDANGER public safety, public service
Three Constitutional Commissions.
- Civil Service
- Elections
- Audit
See Article VII (16)
What are regular appointments?
Appointments made by the P that needs confirmation with Commission on Appointments.
Three steps to regular appointments?
Nomination, confirmation, issuance of the appointment.
Seats that can be regularly appointed?
- Heads of the executive departments. Secretary of National Defense, Budget, etc. Cabinet members.
- Ambassadors, ministers and consuls.
- Officers of the the AFP from rank of colonel or naval captain, until they reach mandatory retirement age.
- Officers whose appointments are vested in him in this Constitution– HR Commission
Commission on Appointments are made up of Congressmen. Can the COA continue to faction if congress is in recess?
Nope.
What are ad interim appointments?
Immediately effective even without confirmation of COA
Suppose the Congress is in recess, can the P appoint?
Yes. They are so-called ad interim appointments.
Til when are ad interim appointments effective?
Effective UNTIL disapproved or bypassed by the Commission on Appointments when Congress is back in session
