Article VII and VIII - Work Text for Constitutional Law 1 PDF

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ARTICLE VIIEXECUTIVE DEPARTMENT1 whom is the executive power vested? The 1987 Constitution provides that, the President is the Head of State and Head of Government, and functions as the commander-in-chief of the Armed Forces of the Philippines. As chief executive, the President exercises control ov...

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ARTICLE VII EXECUTIVE DEPARTMENT 1. To whom is the executive power vested?  The 1987 Constitution provides that, the President is the Head of State and Head of Government, and functions as the commander-in-chief of the Armed Forces of the Philippines. As chief executive, the President exercises control over all the executive departments, bureaus, and offices; hence, executive power is exclusively vested on him. 2. What are the qualifications of a candidate for President and Vice-President?  The 1987 Constitution provides that a President and a VicePresident must be: 1. Natural-born citizen of the Philippines; 2. A registered voter; 3. Able to read and write; 4. At least forty years of age on the day of the election; and 5. A resident of the Philippines for at least ten years immediately preceding such election. 3. Discuss the case of MARY GRACE NATIVIDAD S. POELLAMANZARES, vs. COMELEC AND ESTRELLA C. ELAMPARO, G.R. No. 221697, March 8, 2016, on the issues of citizenship, residence/domicile, Jurisdiction of PET and COMELEC. In the case of Grace Poe Vs COMELEC and Estrella Elamparo, the issue was on the citizenship of Grace Poe where the court’s previous ruling rendered murky and uncertain. In 2016, the COMELEC ordered Poe’s certificate of Candidacy canceled pursuant to Section 78 of the Omnibus Election Code for misrepresentation in her citizenship and residency qualifications. The citizenship question arose because Poe is indisputably a foundling who could not then point to her Filipino parentage. At the time of her birth, no law-- constitutional or statutory-- existed granting a foundling Philippine citizenship. Her residency, on the other hand, was questioned because of her own officially filed declaration in the 2013 senatorial elections which left her with less than the required residency period to qualify for the presidency. Poe brought the COMELEC ruling to the Supreme Court on a Rule of 64/65 in her petition for certiorari which was premised on the

COMELEC’s lack of legal authority to disqualify her before the elections. She argued that under the OEC, a disqualification proceeding can be brought before elections only if based on a final court decision of guilt of a disqualifying act, or a COMELEC ruling finding her suffering from a disqualification under the law or the Constitution. She claimed that the proper tribunal for her disqualification is the Presidential Electoral Tribunal (PET) which assumes jurisdiction only after a winning candidate has been proclaimed or in other words, after the election. The court found, on a divided 9-to-6 vote, that the petition is meritorious and nullified the COMELEC’s decision for lack of jurisdiction. It confirmed --in a departure from established precedents—that the COMELEC overstepped jurisdictional boundaries: it did not have the legal authority to rule on Poe’s qualifications before the elections in the absence of any disqualifying cause established under a court of COMELEC final ruling and could not thus cancel Poe’s certificate of candidacy. Inexplicably, the court –instead of ruling only on the presented jurisdictional issue and nullifying the COMELEC’s decision on this ground— likewise passed upon the merits of the citizenship and residency questions and allowed Poe to run for president.

4. How can the president or the vice-president be removed from office?  The 1987 Constitution provides that, the President, the VicePresident, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment. 5. Discuss the case of JOSEPH E. ESTRADA VS. ANIANO DESIERTO, G.R. NO. 146710-15, MARCH 2, 2001.  In this case, the former president Joseph Ejercito Estrada alleges that he is a president on leave while Gloria Macapagal Arroyo claims that she is the president. It all happened when Estrada surrendered during the EDSA revolution. Subsequently, Arroyo, upon taking her oath discharged the powers and functions of

presidency. Here, the Supreme Court ruled that Arroyo’s legitimacy as president was accepted by other nations. Thus, they conclude that the following shall serve as political thicket which the Court cannot enter.

6. May the vice-president be appointed by the President as a Member of the Cabinet. If yes is there need for confirmation?  Yes, the Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation. 7. What is the term of office of the President and the VicePresident?  The 1987 Constitution provides that, the President and the VicePresident shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. 8. Is the President eligible for re-election? How about the vicepresident?  The 1987 Constitution provides that, 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 any time. No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected. 9. Why was President Gloria Macapagal Arroyo allowed to run for President after succeeding President Joseph Estrada? What is the rule in this instance?  Because in this case, she only served the unexpired term of that particular term and is eligible to another if she re-runs for president. According to Article 7 Section 8 of the Constitution death, permanently disability, removal from office, or resignation of the

President, the Vice-President shall become the President to serve the 10. What is the rule on renunciation of office? Give examples of voluntary and involuntary renunciation.  Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. (1987 Constitution, Art. VI, Secs. 4 and 7)

11. A was elected as President. After the involuntary renunciation of his office, can he again be re-elected as President? What if A was elected as vice-president, can he be re-elected after an involuntary renunciation for the same position?  No. Section 4, Article VII of the Constitution clearly provides that “voluntary renunciation of the office cannot be considered an interruption in the continuity of the service for the full term for which he was elected.  Yes. As long as he/she does not serve in two successive terms.

12. Who is responsible in the canvassing of votes of the President and the Vice-President? How is canvassing done?  The 1987 Constitution provides that, 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 Constitution says senators and congressmen shall meet in a Joint Public Session no later than 30 days after the election to canvass the votes for the two highest officials.

First, a joint canvassing committee composed of members of the House of Representatives and the Senate must be organized in a joint session of Congress. The Joint Public Session shall be held at the Plenary Hall of the House on the date and time set in a concurrent resolution approved by both chambers. The Senate President and House Speaker will each appoint seven members to the Joint Committee, including a chairperson and four alternate members for each chamber. A Congress member who was a candidate for president or vice president cannot be appointed to the Joint Committee.

Opening of the Certificates of Canvass. In the presence of the members of the Senate and the House, the Senate President shall open election documents in the order they were received. These are the electronically transmitted Certificates of Canvass (CoCs) and manually counted and physically delivered CoCs. The opening of the CoCs can be delegated to the Secretary of the Senate or to the Secretary of the House of Representatives. Those tasked to open the documents “shall record the condition of the ballot box, the special diplomatic electoral pouch and the envelope containing the CoC.” Canvass of votes The Joint Committee shall canvass the election documents in the order they were received. The Joint Committee shall generate and print a copy of the electronically transmitted CoC from the Consolidation and Canvassing System (CCS), then compare the printed copy of the electronically transmitted CoC with the printed copy of the CoC physically delivered by the Provincial Boards of Canvassers (PBOCs), City Boards of Canvassers (CBOCs) and District Boards of Canvassers (DBOCs) to Congress. For the CoC of the overseas absentee voting (OAV), the Joint Committee shall compare the printed copy of the electronically transmitted CoC with the printed copy of the CoC contained in the special diplomatic electoral pouch physically delivered to the Senate. The Joint Committee shall then “ascertain” that the number of votes cast for each presidential and vice-presidential candidate in the electronically transmitted CoCs and in the physically delivered CoCs “are identical.”

If there is any discrepancy between the electronically transmitted CoC and physically delivered CoC as to the number of votes cast for any presidential or vice-presidential candidate, “the Joint Committee shall require the PBOC/CBOC/DBOC concerned to personally appear before it within twenty-four (24) hours and explain the discrepancy.” In the case of OAV, the Joint Committee shall require the Special Board of Canvasser (SBOC) concerned to explain the discrepancy. “In lieu of personal appearance, the SBOC of a particular country/territory/post may be contacted through any form or means of communication deemed safe and reliable by the Joint Committee.” The Joint Committee may order the production, examination and comparison of the Compact Disc/s (CD), the Secure Digital (SD) cards (both the memory and/or the back-up cards) from the Vote Counting Machine/s and/or CCS Machine, the audit logs and/or the printed or generated Statement of Votes (SoVs). If the issue remains unresolved, representatives of the candidates questioning the official results may appeal their case to the Presidential Electoral Tribunal (PET) after the winning candidates are proclaimed. 13. Who is responsible in proclamation of the elected President and Vice-President?  The Philippine Congress is responsible in proclaiming the newly elected President and Vice-President. 14.

What is the rule if there is a tie?  The 1987 Constitution provides that, the person having the highest number of votes shall be proclaimed elected, but 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.

15. Who is the sole judge sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President?  The 1987 Constitution provides that, the Supreme Court, sitting en banc, shall be the sole judge of all contests relating to

the election, returns, and qualifications of the President or VicePresident, and may promulgate its rules for the purpose. 16. Is the decision of PET appealable to the Supreme Court? What composes the PET?  No.  The Presidential Electoral Tribunal is composed of eleven members which shall be the sole judge of all contests relating to the election, returns, and qualifications of the president-elect and the vice-president-elect of the Philippines. It shall be composed of the Chief Justice and the other ten members of the Supreme Court. The Chief Justice shall be its chairman. 17.

Where is the official residence of the President?  Malacañang Palace serves as the official residence of the president of the Philippines, a privilege entitled to him/her under Article VII, Section 6 of the Constitution

18. What is the rule in the increase or decrease in the salary of the President or the Vice-President?  The 1987 Constitution provides that, the salaries of the President and Vice-President shall be determined by law and shall not be decreased during their tenure. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument from the Government or any other source. 19. If the Vice-President is appointed as Member of the Cabinet, can he receive compensation from that office aside from her compensation as Vice-President?  VP can be appointed as a Cabinet Member without the need of confirmation by Commission on Appointments. The positions are ex-officio and they do not receive any salary or other emoluments therefore.  This prohibition must not, however, be construed as applying to posts occupied by the Executive officials without additional compensation in an ex-officio capacity, as provided by law and as required by the primary functions of the said official’s office.

(National Amnesty Commission v. COA, G.R. No. 156982, Sept. 2, 2004) 20. In what instances shall the Vice-President ACT as President? How about instances where Vice-President succeeds the President?  The Constitution provides several circumstances where the Vice President shall serve as acting President. In cases that the President-elect fails to qualify where the Vice President-elect shall act as President until the President-elect shall have qualified and if a President shall not have been chosen, the Vice Presidentelect shall act as President until a President shall have been chosen and qualified.  It further provides that, in instances of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. 21. What is the rule on succession in case the President dies or is permanently disable?  The constitution provides for a line of succession in the event that the elected President of the Philippines is not able to discharge the duties of his office due to death, disability, or resignation. The following is the line of succession: 1. Vice President — in cases of the death, disability, or resignation of the President 2. Senate President — in cases of the death, disability, or resignation of the President and Vice President 3. Speaker of the House of Representatives — in cases of the death, disability, or resignation of the President, Vice President, and Senate President. 22. When can you say that the President is permanently disabled?  Article VII Section 11 of the Constitution states that 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 VicePresident 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. 23. If the Acting President dies, who shall serve as the President?  According to Article VII Section 8 of the Constitution, the Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President. 24. If the Vice-President dies, who shall serve as VicePresident? How is the selection and voting done?  The 1987 Constitution provides that, should there be a vacancy of the Office of the Vice President, the President of the Philippines is required by the constitution to nominate a replacement with the concurrence of Committee on Appointments.

25. What is the duty of Congress after the vacancy in the offices of the President and Vice-President?  The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of the President and VicePresident occurs, convene in accordance with its rules without 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. (Article VII, Section 10) What law is to be enacted by the Congress?  A law calling for the special election to elect a President and a Vice-President which shall be held not earlier than 45 days nor later than 60 days from the time of such call. What is the purpose of the law to be enacted?  Its purpose is to call for a special election to elect a President and a Vice-President that will occupy the vacant positions. Can a special election be held 1-year prior the next Presidential election?  No. It should be outside 18 months prior to the next regularly scheduled presidential election. 26. President D told before the media that he is very sick and is undergoing medical treatment. Is this an effective declaration that he is unable to discharge the power and duties of his office?  No, unless the President tra...