SOLO KILL CON Flashcards
No person may be elected President unless he is (Qualification)
- 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.
Term of the President and Vice-President.
The President is given a fixed term of six years to begin at noon on June 30th following the day of the election and to end at noon also on June 30th “six years thereafter.”
Is the President eligible for re-election?
A President is not eligible for any re-election for that office, that is, either immediately after his term or even after an interval of one or more terms. It was thought that the elimination of the prospect of reelection would make for a more independent President capable of making
correct even if unpopular decisions. The prohibition of re-election applies to any person who has served as President.
if the Vice-President succeeds to the presidency, if
he serves for less than four years, he may run for election as President?
Yes, since in his case it would not be a re-election.
What is the term of the VP
They may not serve for more than two successive terms.
But voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of a Vice-President’s service. Moreover, if the Vice-President succeeds to the presidency, if he serves for less than four years, he may run for election as President since in his case it would not be a re-election.
What is the purpose of taking an oath of the President and VP
Marks his formal assumption of duties.
Not a source of a substantive power but is merely
intended to deepen the sense of responsibility of
the P and ensure a more conscientious discharge of
his office. (But has been invoked to justify
presidential action)
The regular election for President and Vice-President shall be held on
The second Monday of May.
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 the 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.
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 ——– after the day of the election, open all the 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.
Thirty days
(Presidential votes)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.
Who will be the sole judge of all constest relating to the election returns and qualification of the President or Vice-President?
The Supreme Court, sitting en bancshall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose.
Instances where the VP will act as a president
Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.
- If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified.
- 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.
Cases of of Section 11. 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.
Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the 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.
Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration 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 transmit within five days to the President of the Senate and to the Speaker of the House of Representatives, their written declaration 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.
If the Congress, within ten days after receipt of the last written declaration, or, if 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.
Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.
If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified. Meaning
If the President-elect fails to qualify, it means that the individual who has been elected as President is unable to meet the legal and constitutional requirements necessary to officially assume the office of the President. This can occur for a variety of reasons, such as:
Key Points:
Failure to Meet Eligibility Requirements:
The President-elect does not meet the age, citizenship, or residency requirements as stipulated by the constitution or relevant laws.
Failure to Take the Oath of Office:
The President-elect does not take the required oath of office within the prescribed time frame.
Incapacity or Death:
The President-elect becomes incapacitated or passes away before taking office.
Legal Challenges:
The election of the President-elect is successfully challenged in court, and the election results are nullified.
Example Context:
Interim Measures: In the event that the President-elect fails to qualify, interim measures are usually in place to ensure the continuity of government. For instance, the Vice President-elect or another designated official may assume the duties of the President until a new President is chosen or the situation is resolved.
This ensures that there is no interruption in the functioning of the executive branch and that the leadership transition occurs smoothly.
I hope this helps clarify the concept for you! If you have any more questions or need further details, feel free to ask. 😊
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. Meaning?
The phrase “if a President shall not have been chosen” typically refers to a scenario where the election process does not result in a clear winner by the set inauguration date. This situation is addressed in constitutional provisions to ensure continuity of governance. Here’s a brief explanation:
Key Points:
Election Outcome: No candidate has been duly elected as President by the time required for inauguration.
Instances where the VP elect shall become President
Section 8.
- 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, Who will act as President?
The President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified.
Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, who will act as a President?
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.
What is the manner of choosing who will act as President ?
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 a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.
Whenever there is vacancy in the VP during the term for which he was elected, what is the process for nomination?
Section 9. 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 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 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President, within how many days?
within ninety days from his assumption or reassumption of office.
The period where the President or acting President is prohibited to make appointments to executive positions
Section 15. 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.
Positions appointed by the President Requiring Confirmation (Commission of Appointments)
Heads of Executive Departments: This includes Cabinet Secretaries and other similar high-ranking officials.
Ambassadors, Other Public Ministers, and Consuls: These are diplomatic positions requiring CA approval.
Officers of the Armed Forces: From the rank of colonel or naval captain and above.
Chairpersons and Members of Constitutional Commissions: Such as the Commission on Elections (COMELEC), Commission on Audit (COA), and Civil Service Commission (CSC).
Regular Members of the Judicial and Bar Council: These are key appointments that also need CA confirmation.
Permanent Appointments v Temporary Appointments
Permanent Appointments extended to those
persons possessing the requisite eligibility and are
thus protected by the Constitutional provision on
security of tenure.
Temporary Appointments given to persons w/o
such eligibility, are revocable at will and w/o the
necessity of just cause or a valid investigation.
“Upon the understanding that the appointing
power has not yet decided on a permanent
appointee”.
DISTINCTION B/W REGULAR AND AD
INTERIM APPOINTMENT:
- WHEN: REG- Legislative session; AD- Recess
- REG- only after the nomination is confirmed by
the COA; AD- before confirmation - REG-once confirmed, continues until the end of
the term of the appointee; AD cease to be valid if
disapproved by the COA or upon the next
adjournment of the Congress.
- In the latter case, the appointment is deemed
“by passed” through the inaction of, and so
disapproved impliedly by, the COA.
DOCTRINE OF QUALIFIED POLITICAL
AGENCY:
“Acts performed/ promulgated by the heads of dept
heads in the regular course of business, unless
disapproved or reprobated by the chief executive, are
PRESUMABLY the act of the chief executive them
being alter egos of the president. “
- Adopted out of practical necessity: Pres
cannot be expected to personally perform the
multifarious functions of the executive office.
Relate to: Doctrine of exhaustion of administrative
remedy: “Further appeal from a decision of a cabinet
secretary may be taken to the Office of the president
before resorting to judicial action. “
Instances where the President may call such armed forces
to prevent or suppress
- lawless violence,
- invasion or
- rebellion.
Instance where the President can suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.
Section 18. 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. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.
How long where the president may suspend the writ of habeas corpus or place the Philippines or any part thereof under martial law
he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.