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.