Long Test 2nd Quarter Flashcards
• is the organ exercising authority in and holding responsibility for the governance of a state.
• executes and enforces law
The executive
is the Head of State and Head of Government and functions as the Commander-in- Chief of the Armed Forces of the Philippines. As outlined in Article VII of the 1987 Philippine Constitution, the role of the Philippine President in relation to his/her powers are as follows.
The President
The executive power shall be vested in the President of the Philippines.
SECTION 1
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 2
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.
SECTION 3
The President and the V-President. shall be elected for a term of six years. 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 anytime. No V- President Shall serve for more than two consecutive terms. The Supreme court shall be the sole judge of all contests relating to the election of the Pres and the V-Pres.
SECTION 4
In case of death, permanent disability, removal from the office or resignation of the President, the V-Pres. shall become the President to serve the unexpired term.
In case of death, permanent disability, removal from the office or resignation of both the Pres. and the V- President, the President of the senate, in the case of his inability, the Speaker of the House of Representatives shall then act as President until the President, or the V-President, shall have been elected and qualified.
SECTION 8
Whenever there is vacancy in the office of the V- 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 9
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 withou 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 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 withou 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 10
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.
SECTION 11
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 12
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.
SECTION 13
The President of the Philippines has the mandate of control over all the executive departments, bureaus, and offices. This includes restructuring, reconfiguring, and appointments of their respective officials. The Administrative Code also provides for the President to be responsible for the abovementioned offices’ strict implementation of laws.
Power of control over the executive branch
The President of the Philippines has the power to give executive issuances, which are a means to streamline the policy and programs of an administration.
Power ordinance power
The President of the Philippines has certain powers over non-Filipinos in the Philippines.
Power over aliens
The chief executive may have an alien in the Philippines deported from the country after due process. True or false?
True
The President may change the status of a foreigner, as prescribed by law, from a non- immigrant status to a permanent resident status with necessity of visa. True or false?
False (without)
The President may choose to overrule the Board of Commissioners of the Bureau of Immigration before their decision becomes final and executory (after 30 days of the issuance of the decision) The Board of Commissioners of the Bureau of Immigration has jurisdiction over all deportation cases. True or false?
True
The president is not mandated by the Administrative Code of 1987 to exercise powers as recognized by the generally accepted principles of international law. True or false?
False (is also mandated)
The President of the Philippines has the authority to exercise the power of eminent domain. The power of eminent domains means the state has the power to seize or authorize the seizure of private property for public use with just compensation.
Powers of eminent domain, escheat, land reservation and recovery of ill-gotten wealth
According to Article IV, Section 9
(1) of the Constitution provides that no person shall be deprived of his/her life, liberty, or property without due process of law. True or false?
False (Article lll)
According to Article lll, section 9, provides that private property shall not be taken for public use without just compensation. True or false?
True
are sets of rules or pieces of legislation that are formulated by the government and are meant to be followed by all citizens of a state.
Laws
