Transcript
CONSTITUTIONAL LAW 1FILE No. 8 VI.EXECUTIVE DEPARTMENT a.PRESIDENT AND VICE-PRESIDENTi)Qualifications (Sections 2 and 3)Section 2. No person may be elected President unless he is anatural-born citizen of the Philippines, a registered voter,able to read and write, at least forty years of age on the dayof the election, and a resident of the Philippines for at leastten years immediately preceding such election.Section 3. There shall be a Vice-President who shall have thesame qualifications and term of office and be elected with,and in the same manner, as the President. He may beremoved from office in the same manner as the President.The Vice-President may be appointed as a Member of theCabinet. Such appointment requires no confirmation.PresidentVice President At least 40 years old on the day of electionAt least 40 years old on the dayof electionNatural-born citizen of thePhilippinesNatural-born citizen of thePhilippinesAble to read and writeAble to read and writeRegister voterRegister voterResident of the Philippines for at Resident of the Philippines for at least 10 years immediatelypreceding the electionleast 10 years immediatelypreceding the election Term of 6 yearsTerm of 6 yearsUnless otherwise provided by law,term of office commence at noonof June 30 next following theelectionUnless otherwise provided bylaw, term of office commence atnoon of June 30 next followingthe electionSingle term only; not eligible forany re-electionAny person who has succeeded asPresident, and served as such formore than 4 years shall NOT bequalified for election to the sameoffice at any time. Term limitation: 2 successiveterms. CASES ã Section 2, Article VII, of the 1987 Constitution expresses: Noperson may be elected President unless he is a natural-borncitizen of the Philippines, a registered voter, able to read andwrite, at least forty years of age on the day of the election, and aresident of the Philippines for at least ten years immediatelypreceding such election. The term natural-born citizens, is defined to include those whoare citizens of the Philippines from birth without having to performany act to acquire or perfect their Philippine citizenship. Thedate, month and year of birth of FPJ appeared to be 20 August1939 during the regime of the 1935 Constitution. Through itshistory, four modes of acquiring citizenship - naturalization, jussoli, res judicata and jus sanguinis[28] – had been in vogue. Onlytwo, i.e., jus soli and jus sanguinis, could qualify a person to beinga “natural-born” citizen of the Philippines. With the adoption of the 1935 Constitution and the reversal of Roa in Tan Chong vs.Secretary of Labor (1947), jus sanguinis or blood relationshipwould now become the primary basis of citizenship by birth.“Section 1, Article III, 1935 Constitution. The following are citizensof the Philippines - “(1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution“(2) Those born in the Philippines Islands of foreign parents who,before the adoption of this Constitution, had been elected topublic office in the Philippine Islands.“(3) Those whose fathers are citizens of the Philippines.“(4) Those whose mothers are citizens of the Philippines andupon reaching the age of majority, elect Philippine citizenship.“(5) Those who are naturalized in accordance with law.” (Tecson vs.COMELEC, GR 161434, March 3, 2004) . ii)Election and Term of Office (Sections 4 and 5)Section 4. The President and the Vice-President shall beelected by direct vote of the people for a term of six yearswhich shall begin at noon on the thirtieth day of June nextfollowing the day of the election and shall end at noon of thesame date, six years thereafter. The President shall not beeligible for any re-election. No person who has succeeded asPresident and has served as such for more than four yearsshall be qualified for election to the same office at any time.No Vice-President shall serve for more than two successiveterms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in thecontinuity of the service for the full term for which he waselected.Unless otherwise provided by law, the regular election forPresident and Vice-President shall be held on the secondMonday of May.The returns of every election for President and Vice-President, duly certified by the board of canvassers of eachprovince or city, shall be transmitted to the Congress,directed to the President of the Senate. Upon receipt of thecertificates of canvass, the President of the Senate shall, notlater than thirty days after the day of the election, open allthe certificates in the presence of the Senate and the Houseof Representatives in joint public session, and the Congress,upon determination of the authenticity and due executionthereof in the manner provided by law, canvass the votes.The person having the highest number of votes shall beproclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shallforthwith be chosen by the vote of a majority of all theMembers of both Houses of the Congress, voting separately.The Congress shall promulgate its rules for the canvassing of the certificates.The Supreme Court, sitting en banc , shall be the sole judge of all contests relating to the election, returns, andqualifications of the President or Vice-President, and maypromulgate its rules for the purpose.Section 5. Before they enter on the execution of their office,the President, the Vice-President, or the Acting Presidentshall take the following oath or affirmation: I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my duties as President [or Vice-President or Acting President] of the Philippines, preserveand defend its Constitution, execute its laws, do justice toevery man, and consecrate myself to the service of theNation. So help me God. [In case of affirmation, last sentence will be omitted]. 1.Regular – second Monday of May, every six years; 2.SpecialRequisites: a.death, permanent disability, removal from office orresignation of both the President and the Vice President.b.vacancies occur more than eighteen months before the nextregular presidential election;c.a law passed by Congress calling for a special election toelect a President and Vice President to be held not earlier than45 days nor later than 60 days from the time of such call (Sec.10, Art VII).- Congress as canvassing board- Supreme Court as Electoral Tribunal CASES
