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Article VII - Philippine Constitution

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Djo Martirez

on 29 January 2013

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Transcript of Article VII - Philippine Constitution

THE PHILIPPINE CONSTITUTION ARTICLE VII EXECUTIVE DEPARTMENT SECTION 1 The executive power shall be vested in a President of the Philippines. SECTION 2 QUALIFICATIONS: NATURAL BORN CITIZEN OF THE PHILIPPINES
REGISTERED VOTER
LITERATE
AT LEAST 40 Y/O ON ELECTION DAY
RESIDENT OF THE COUNTRY FOR 10 YEARS
ELECTED AT LARGE BY POPULARITY SECTION 3 SECTION 4 THE TERM OF THE PRESIDENT IS FOR NO PERSON WHO HAS SUCCEEDED & SERVED AS PRESIDENT FOR FOUR (4) YEARS CAN RUN AGAIN VICE PRESIDENT: CAN SERVE MAXIMUM OF TWO (2) TERMS The President and Vice-President shall be elected by direct vote of the people.

Election returns for President and Vice-President, as duly certified by the proper Board of Canvassers shall be forwarded to Congress, directed to the Senate President.

Not later than 30 days after the day of the election, the certificates shall be opened in the presence of both houses of Congress, assembled in joint public session.
The Congress, after determining the authenticity and due execution of the certificates, shall canvass the votes. MANNER OF ELECTION
The person receiving the highest number of votes shall be proclaimed elected.
In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the members of both Houses, voting separately. In case this results in a deadlock, the Senate President shall be the acting President until the deadlock is broken.

President shall be the acting President until the deadlock is broken.
The Supreme Court en banc shall act as the sole judge over all contests relating to the election, returns, and qualifications of the President or Vice-President and may promulgate its rules for the purpose. PRESIDENT PRIVELEGES - APPOINT THE HEADS OF THE DIFFERENT EXECUTIVE DEPARTMENTS
- APPOINT AMBASSADORS, CONSULS & PUBLIC MINISTERS
- APPOINT ARMED FORCES PERSONNEL FROM RANK COLONEL OR NAVAL CAPTAIN
- CONTRACT OR GUARANTEE FOREIGN LOANS SECTION 6 SALARIES AND EMOLUMENTS 1) Official salaries are determined by law.
2) Salaries cannot be decreased during the TENURE of the President and the Vice-President.
3) Increases take effect only after the expiration of the TERM of the incumbent during which the increase was approved.
4) Prohibited from receiving any other emolument from the government or any other source during their TENURE PRESIDENT P300,000 ANNUALLY P240,000 ANNUALLY VICE-PRESIDENT EXEXCUTIVE ORDER NO. 611
DEPT. OF BUDGET & MANAGEMENT MARCH 14, 2007

PRES. ARROYO

IMPLEMENT A TEN PERCENT (10%) INCREASE OVER THE BASIC MONTHLY SALARY OF CIVILIAN GOVERNMENT PERSONNEL WHOSE POSITION ARE COVERED BY THE COMPENSATION AND POSITION CLASSIFICATION SYSYTEM AS OF JUNE 30, 2007. PRESIDENTIAL SUCCESSION VACANCIES AT THE BEGINNING OF THE TERM VACANCIES AFTER THE OFFICE IS INITIALLY FILLED VACANCY IN OFFICE OF VICE-PRESIDENT DURING THE TERM OF WHICH HE WAS ELECTED President will nominate new VP from any member of either House of Congress.

Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses, voting separately. (Nominee forfeits seat in Congress) ELECTION OF PRESIDENT & VICE-PRESIDENT AFTER VACANCY DURING TERM Congress shall convene 3 days after the vacancy in the office of both the President and the VP, without need of a call. The convening of Congress cannot be suspended.
Within 7 days after convening, Congress shall enact a law calling for a special election to elect a President and a VP. The special election cannot be postponed.
The special election shall be held not earlier than 45 days not later than 60 days from the time of the enactment of the law.
The 3 readings for the special law need not be held on separate days.
The law shall be deemed enacted upon its approval on third reading. TEMPORARY DISABILITY OF THE PRESIDENT By the President himself, when he sends a written declaration to the Senate President and the Speaker of the House. In this case, the Vice-President will be Acting President until the President transmits a written declaration to the contrary.
When a majority of the Cabinet members transmit to the Senate President and the Speaker their written declaration PRESIDENTIAL ILLNESS If the President is seriously ill, the public must be informed thereof.
Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the President SECTION 7-12 SECTION 13 DISQUALIFICATIONS POWER TO APPOINT HEAD OF EXECUTIVE DEPARTMENTS AMBASSADORS, OTHER PUBLIC MINISTERS, AND CONSULS OFFICERS OF AFP FROM RANK OF COLONEL OR NAVAL CAPTAIN OTHER OFFICERS WHOSE APPOINTMENT IS VESTED IN HIM BY THE INTITUTIONS CHAIRMEN AND MEMBERS OF COMELEC, COA & CSC

REGULAR MEMBERS OF THE JUDICIAL & BR COUCIL

THE OMBUDSMAN AND HIS DEPUTIES

SECTORAL REPRESENTATIVES IN CONGRESS

MEMBERS OF THE SUPREME COURT AND JUDGES OF LOWER COURTS ALL OTHER OFFICERS WHOSE APPOINTMENTS ARE NOT OTHERWISE PROVIDED FOR BY THE LAW; AND THOSE WHOM HE MAY BE AUTHORIZED BY LAW TO APPOINT POWER OF CONTROL The power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance of his duties, and to substitute the judgment of the officer for that of his subordinate. Thus, the President exercises control over all the executive departments, bureaus, and offices.
The President’s power over government-owned corporations comes not from the Constitution but from statute. Hence, it may be taken away by statute. SECTION 17 POWER OF SUPERVISION This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates.
The power of the president over local government units is only of general supervision. Thus, he can only interfere with the actions of their executive heads if these are contrary to law.
The execution of laws is an OBLIGATION of the President. He cannot suspend the operation of laws.
The power of supervision does not include the power of control; but the power of control necessarily includes the power of supervision. SECTION 18 THE PRESIDENT IS THE COMMANDER-IN-CHIEF OF THE ARMED FORCES OF THE PHILIPPINES Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS LAWLESS VIOLENCE INVASION REBELLION Suspend the privilege of the writ of habeas corpus Proclaim a state of martial law SECTION 19 THE PRESIDENT MAY GRANT THE FOLLOWING: Pardons (conditional or plenary)

Reprieves

Commutations

Remittance of fines and forfeitures SECTION 20 EXECUTIVE CLEMENCY POWER TO CONTRACT OR GUARANTEE FOREIGN LOANS Power to negotiate treaties and other international agreements Power to appoint ambassadors, other public ministers, and consuls. Power to receive ambassadors and other public ministers accredited to the Philippines. Power to contract and guarantee foreign loans on behalf of the Republic Power to deport aliens The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board; and
Subject to such limitations as may be provided by law. SECTION 21 FOREIGN RELATIONS POWER Philippine Presidents
and their Vice President (1944-1946) Sergio S. Osmeña, Sr. 1935-1944) President Manuel L. Quezon
(1936-1944) Vice-President: Sergio S. Osmeña, Sr. (1899-1901) President: Emilio F. Aguinaldo
(1897?) Vice-President: Mariano C. Trias (1948-1953) President: Elpidio R. Quirino (Assumed the remaining term & re-elected)
(1949-1953) Vice-President: Fernando H. Lopez
  (1946-1948) President: Manuel L. Roxas (Died of a heart attack)
(1946-1948) Vice-President: Elpidio R. Quirino (1943-1945) President: Jose P. Laurel
(1943-1945) Vice-Presidents: Benigno Aquino, Sr. and Ramon Avancena (1961-1965) President: Diosdado P. Macapagal
(1961-1965) Vice-President: Emmanuel N. Pelaez (1957-1961) President: Carlos P. Garcia (Assumed the remaining term and re-elected)
(1957-1961) Vice-President: Diosdado P. Macapagal (1953-1957) President: Ramon F. Magsaysay
(Magsaysay died in an airplane crash on March 16, 1957 on Mt. Manunggal in Cebu)
(1953-1957) Vice-President: Carlos P. Garcia (1992-1998) President Fidel V. Ramos
(1992-1998) Vice-President: Joseph Ejercito Estrada (1986-1992) President: Corazon Cojuangco-Aquino
(1986-1992) Vice-President: Salvador H. Laurel (1986) Vice-President: Arturo M. Tolentino (proclaimed but did not serve due to the revolt)
(1981-1986) Prime Minister Cesar E. A. Virata (1965-1986) President: Ferdinand E. Marcos (the first to win 2 presidential terms)
(1965-1972) Vice-President: Fernando H. Lopez List of
Departments (2010-Present) President: Benigno Simeon "Noynoy" Cojuangco Aquino III
(2010-Present) Vice-President: Jejomar "Jojo" Cabauatan Binay (2001-2010) President: Gloria Macapagal-Arroyo (Assumed Estrada's remaining term & re-elected)
(2001-2004) Vice-President: Teofisto T. Guingona (1st term of Arroyo)
(2004-2010) Vice-President: Manuel "Noli" Leuterio de Castro (2nd term of Arroyo) (1998-2001) President: Joseph Ejercito Estrada (Deposed by "People Power")
(1998-2001) Vice-President: Gloria Macapagal-Arroyo
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