Executive Department

EXECUTIVE
DEPARTMENT
President, The Executive.
Following the 1935 Charter, section 1 vest the Executive
power in one person alone- the President of the Philippines. It
is therefore accurate to refer to him as the Executive not
merely Chief Executive. The President in a presidential system
of government is, however, referred to also as the chief
Executive.
Under the 1935b Constitution and the present Constitution,
the president is both the head of State and the head of the
Government. Unlike the Prime Minister under the 1973
Constitution, the President is not a legislative leader with
membership in Congress. He is purely an Executive.
Meaning of Executive Power
Executive power has been defined as the power to

administer the law, which means carrying them into
practical operation and enforcing their due
observance.
Qualification of the President and the Vice
President
Section 2 provides for the basic or minimum qualification of the President-
1. He is a natural- born citizen of the Philippines;
2. He is registered voter;
3. He is able to read and write;
4. He is at least 40 years of age on the day of the election for President;
and
5. He is residence of the Philippines for at least 10 years immediately
preceding such election.
 The Vice President must have the same qualification as the president.
(Sec.3). The constitution does not prescribed any educational, academic,
or literacy qualification except only the ability to read and write, in line
with the egalitarian objectives of our democratic society.
Election of the President and the Vice
President
1. System of direct voting- the constitution retains
the system of direct popular election of the
President despite criticism for abetting massive
vote-buying and other undesirable practices.
2. Election by Congress in case of a tie- in case of a
tie, however, the president shall be chosen for the
term fixed in the Constitution by a vote of a
majority of all the members of Congress in
session assembled.
Term of the President and Vice President
The President and Vice President enjoy security of
tenure. Their term of office is 6 years “which shall begin
at noon on the 30th day of June following the day of the
election and shall end at noon of the same date 6 years
thereafter.” (par.1)
The President-elect and Vice President-elect shall
assume their office at the beginning of their terms.
(Sec.7,par.1.)
Term of office distinguished from tenure of office;
right to hold office; and office
1. The phrase term of office refers to the period, duration or
length of time during which an officer may claim to hold the
office as of right, and fixes the interval after which the
several incumbents shall succeed one another.
2. It is not confused with tenure of office which represent the
period during which the incumbent actually holds the office.
3. A right to hold office, on other hand is the just and legal claim
to enjoy the powers and responsibilities of the office
4. The office is an institutional unit of government, while term is
a matter of time during which person may hold the office.
Canvassing of Returns and Proclamation
1. Returns transmitted to Congress- the returns of every election for
president and Vice President are canvassed.
2. Plurality rule sanctioned- the Constitution does not prescribed
any minimum number of votes to be cast in a Presidential
election nor any majority vote needed for the proclamation of the
winner for it merely provides that “the candidate having the
highest number of votes plurality rule.”
3. Candidate to be proclaimed- the person having the highest
number of votes shall be proclaimed elected.
Rule in case of temporary disability of
the President
Section 11 solves the vexing problem of determining the existence and
termination of presidential incapacity in cases of dispute.
1. Declaration by the president- the president may transmit to the Senate
President and the Speaker of the House of Representatives his written
declaration that he is unable to discharged the powers and duties of his
office.
2. Declaration by members of the cabinet- in case a majority of all the
members of the Cabinet- who are all the President`s men- transmit such
written declaration, the Vice President shall immediately assume the
powers and duties of the Acting President.
3. Decision by Congress in case of a dispute- in case of a dispute on the
matter between the President and the majority of all the members of the
Cabinet, Congress by a 2/3 vote of both House, voting separately, shall
decide the existence and/or termination of presidential incapacity-

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EXECUTIVE

Executive power has been defined as the power to

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