ARTICLE VII - ARTICLE VII THE EXECUTIVE DEPARTMENT Section...

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ARTICLE VII. THE EXECUTIVE DEPARTMENT Section 1. EXECUTIVE POWER Scope: 1) Executive power is vested in the President of the Philippines. 2) The scope of this power is set forth in Art. VII of the Constitution. But this power is not limited to those set forth therein. The SC, in Marcos v. Manglapus, referred to the RESIDUAL powers of the President as the Chief Executive of the country, which powers include others not set forth in the Constitution. EXAMPLE: The President is immune from suit and criminal prosecution while he is in office. 3) Privilege of immunity from suit is personal to the President and may be invoked by him alone. It may also be waived by the President, as when he himself files suit. 4) BUT The President CANNOT dispose of state property unless authorized by law. Section 2. QUALIFICATIONS 1) Natural-born citizen of the Philippines 2) Registered voter; 3) Able to read and write; 4) At least 40 years old on the day of election 5) Philippine resident for at least 10 years immediately preceding such election. Note: The Vice-President has the same qualifications & term of office as the President. He is elected with & in the same manner as the President. He may be removed from office in the same manner as the President. Section 4. MANNER OF ELECTION/ TERM OF OFFICE Manner of Election 1) The President and Vice-President shall be elected by direct vote of the people. 2) 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. 3) 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. 4) The Congress, after determining the authenticity and due execution of the certificates, shall canvass the votes. 5) The person receiving the highest number of votes shall be proclaimed elected. 6) 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. 7) 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. Term of Office
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1) President a) 6 years beginning at noon on 30 June immediately following the election and ending at noon on the same day 6 years later. b) Term limitation: Single term only; not eligible for any reelection. c) Any person who has succeeded as President, and served as such for more than 4 years shall NOT be qualified for election to the same office at any time.
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