1. The President
(lakan or lakambini, pangulo) is the head of the Philippines and
its people. He shall be given the concurrent titles of Pangulo
ng Pilipinas, Lakan ng Maynila, Tao ng Malakanyang, and Protector
of the Filipino People while enjoying office. Other honorary titles
may be endowed upon him by civil societies and local governments.
The Philippine President is a titular and
symbolical head.
2. The President
shall be universally and directly elected by Filipinos who are
16 years of age and above. The Presidential candidate garnering
more than 50 percent of the votes cast, or the candidate having
more than 30 percent of the votes cast provided that his closest
opponent has no more than half the number of votes cast of the
leading candidate shall be proclaimed as President. In the event
that no candidate meets the required number of votes, a new presidential
election shall be called upon again within 30 days. In the case
of a clear-cut tie, the Parliament, without debate and by secret
ballot, shall elect the new President from the candidates acquiring
the highest identical votes.
Note the word “universally,”
it will be defined later on. Also note the stringent criteria
of declaring a winner. This is to provide clear legitimacy and
mandate of a president.
3. No person
may be elected President unless he is a natural-born citizen of
the Philippines, of unquestionable good moral character, a registered
voter, able to read and write, at least forty years of age on
the day of the election, and a resident of the Philippines for
at least ten years immediately preceding such election.
Added criterion here is “of unquestionable
good moral character,” this criterion will later be explained
in the article governing the Electoral University, The Filipino
Commission, and on Political Parites and Organizations.
4. The President shall have a term of 5 years
starting at noon of his investiture, and is prohibited from seeking
reelection after completion thereof. A disgraced president or
his/her spouse is also not eligible for reelection.
5. At noon of the Day of Presidential Investiture
(Araw ng Parangal), which is last day of the serving President
or the day otherwise designated by the Electoral University, the
duly elected President shall take the following oath or affirmation
to be solemnized by the Chief Justice of the Supreme Court, and
witnessed by the City Mayor of Manila:
"I do solemnly swear [or affirm] that I will
faithfully and conscientiously fulfill my duties as President
of the Philippines, preserve and defend its Constitution, guarantee
the sovereignty of the Filipino people, ensure solidarity among
the federal states, promulgate the laws of the land, do justice
to every man, and consecrate myself to the service of the Nation.
So help me God." [In case of affirmation, last sentence will
be omitted].
After
which, the City Mayor of Manila shall present to the President
a pair of arnis as a symbol of his being Protector of
the Filipino People. Other heads of governments and agencies may
present symbolical gifts or demonstrate their duty to the Office
of the President. This provision is only ceremonial in nature,
and it is considered unnecessary in the fulfillment and execution
of the Office. Excessive gifts by virtue of prudence and modesty
shall be humbly declined by the Office of the President.
6. The President and the First Spouse and their
dependent children shall have their official residence at the
Malacañan Palace. Other national palaces and mansions located
around the country, by the discretion and benevolence of the federal
states, are at their disposal while enjoying office. Members of
the First Family, which includes the President and his/her spouse
and their children, are ineligible to hold any elected or appointed
position while enjoying office.
This is one provision by this Constitution
to prevent a “political dynasty.”
7. The President
is a symbol of Filipino unity, protector of Philippine sovereignty,
and recourse of every Filipino to their Government. He shall remain
non-partisan while in office. He shall arbitrate and moderate
the regular functioning of the institutions, assumes the highest
representation of the federal republic in international relations,
and exercise the functions expressly attributed to him by the
Constitution and the laws of the land.
8. The Procurator
8.1. The President
shall appoint a Presidential Vicar (kaakbay ng pangulo, procurator)
who shall serve as his representative in Parliament.
8.2. The minimum
requirements for a person to hold such office are: at least 25
years of age, natural-born Filipino, literate, and with good moral
character.
8.3. The procurator
is the ceremonial convener of the Parliament on the First Day
and oversees the election of a Governor-General, House Speaker
and Deputy Speaker.
8.4. Upon
the recommendation of the President, the procurator can introduce
bills for consideration by the Parliament; however, such bills
must be co-sponsored by a duly elected member of the Parliament.
The procurator has no voting privileges on the Floor of the Parliament
except on instances of a clear tie, and in such cases, upon the
recommendation of the President cast his vote.
8.5. The procurator
is not allowed to hold any concurrent seat in the Cabinet, Committees
and other minor bodies of the Parliament; however, he may be deputized
to hold temporarily such office by the Governor-General or the
Speaker on special and extreme cases.
8.6. As the
representative of the President, due respect shall be given to
the procurator if he is to be instructed, reprimanded, censured,
disciplined or dismissed from the Floor.
8.7. Upon
the recommendation of the President, the procurator may initiate
a Vote of No Confidence in the Government or a Cabinet minister.
8.8. The presence
of the procurator on the Floor is not an absolute prerequisite
to implement the day to day business of the Parliament.
8.9.
The procurator serves the people at the pleasure of the President,
and his termination from office shall be on the discretion of
the President.
Since by parliamentary tradition, on the
principle of separation of powers, the titular head of government
is not allowed within the Halls of Parliament, other than to be
invited to explain himself to Parliament on counts of criminal
and administrative allegations, a procurator is intended to be
in time evolve as a cross between the Presidential Laiason Office
in Congress and Presidential Spokesperson to Parliament. The procurator
is not an independent body and has no corporeal power outside
the Office of the President.
9. The Liaison
Officers and the Presidential Institute on Good Governance
9.1. It is
imperative for the Philippine Government to inform the President
on matters of the State.
9.2. The President
has the prerogative to appoint liaison officers to all government
ministries, federal states, departments, bureaus, agencies and
other similar institutions, in order for the President to be informed
on the ventures of Government and affairs of the State, and serve
the people. The President can only appoint up to 15 liaison officers
at one time.
9.3. The government
bodies involved need not confirm the appointees of the President.
Presidential liaison officers serve the people at the pleasure
of the President, and their termination from office shall be on
the discretion of the President.
9.4. The President
may establish a Presidential Institute on Good Governance consisting
of his liaison officers and the procurator.
9.4.1. It
shall be headed by a Chancellor duly appointed by the President.
9.4.2. The
duty of the institute is to report to the president lapses, transgressions,
and misgivings of Government and its officials against the Filipino
people and this Constitution, and initiate remedy to the proper
forum, court or agency.
9.4.3. The
Institute shall perform from time to time, efficiency tests on
the bureaucracy, and report its findings to the Filipino Commission,
proper agencies and departments for deliberation and action.
9.4.4. The
Institute shall perform lifestyle check, as prescribed by law,
to all Government officials and employees, and file the necessary
actions to the proper agencies, departments and to the Ombudsman
on those who fail such investigation.
9.4.5. Otherwise
acted upon by Parliament or the Government, the Institute shall
take over the duties of the Presidential Commission on Good Governance
and the Presidential Anti-Graft and Corruption Commission of the
former Republic with the same powers vested in them by the former
Republic.
9.5.
Proper decorum shall be followed by the Office of the President
at all times in consulting with other bodies of government in
order not to infringe on their duties and responsibilities of
the parties involved.
9.6. The President
is prohibited from creating sinecure positions.
10. The Lakan
is the embodiment of the Filipino culture and benefactor of social
welfare. The National Commission for Culture and the Arts (NCCA)
and its secondary agencies such as the Cultural Center of the
Philippines (CCP), National Historical Institute (NHI), National
Library of the Philippines (NLP), National Museum of the Philippines,
and Record Management and Archives Office, and other offices such
as the Philippine Rectory of Emblems and Ceremonies (National
Rectory), Chancellery of Philippine Orders, State Decorations
and Hereditary Titles (National Chancellery), and the Malacañang
Museum shall be under the auspices of the Office of the President.
Otherwise limited by an act of Parliament, The Philippine Charity
Sweepstakes Office and other charity-directed agencies shall be
under the patronage of The Office of the President. The Office
of the President may also oversee other agencies and institutions,
prescribed by the Parliament, Government, or law.
11. For the
consideration of the Parliament, the President, through the procurator,
may nominate a duly elected Member of Parliament to the position
of Governor-General. It is the function of the incumbent President
to express Consent of the Nation to the duly elected Governor-General
and Cabinet. Consent of the Nation consists of the signature of
the President together with the seal of his office and seal of
the republic.
12. It is
the function of the incumbent President to express Consent of
the Nation to all executable federal law. The President may exercise
his power to veto a law prior to its promulgation within ten days
after receipt thereof for Consent of the Nation. The President
shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not
affect the item or items to which he does not object.
13. It is
the function of the incumbent President to express Consent of
the Nation to matters that obligate the State into international
treaties, monetary duties, and similar agreements, declare war
and make peace, in conformity with the Constitution and the laws.
14. The President,
upon the recommendation of the Governor General, shall accredit
ambassadors and other diplomatic representatives. Foreign representatives
in the Philippines shall be accredited before the President.
15. The President,
upon the recommendation of Parliament or other lawful bodies,
may confer Philippine Orders, State decorations, and national
awards to deserving groups or individuals. Filipino individuals,
who receive such distinction with the equivalent rank to a Grand
Collar, as promulgated by the National Chancellery, shall have
the honorary title of Gat and granted an honorary seat at the
Parliament for life or otherwise removed or limited by an act
of Parliament. The honorary title and seat cannot be inherited
or transferred, but may be courteously refused by the recipient.
16. The President
shall have quasi-judicial powers equivalent to that of the head
of the baranggay and the baranggay council sitting en banc as
defined by law.
17. A temporary
ban from criminal prosecution incurred prior to assumption of
office shall be enjoyed by the President while in office. This
provisional immunity does not embrace members of the First Family
nor will the President able to transfer this privilege.
18. Except
in cases of impeachment, or as otherwise provided in this Constitution,
the President may grant reprieves, commutations, and pardons,
and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence
of majority of the Parliament.
19. The president
shall be the Commander-in-Chief of all armed forces of the Philippines
and whenever it becomes necessary, he may call out such armed
forces to prevent or suppress lawless violence, invasion or rebellion.
When a duly recognized Parliament exists, a countersignature from
the Governor-General shall be a requirement for this act to be
effective.
20. The President,
upon the recommendation of the Governor-General or on extreme
cases, when good judgment dictates, by his own volition, may dissolve
the Parliament, and direct the Electoral University to carry out
Parliamentary elections in 30 days but no later than 3 months.
The President shall then appoint temporary ministers and deputies
for the continuance of government or maintain the incumbent officials
until the restoration of the Parliament.
21. In cases
wherein the Parliament and the Governor-General cannot function
their duties, or has become inutile, or such body or office has
been dissolved, and there exists extreme lawless violence, or
a state of invasion or rebellion, and when the sovereignty of
the State is at risk and public safety requires it, the President
may, for a period not exceeding sixty days, suspend the privilege
of the writ of habeas corpus or place the Philippines or any part
thereof under martial law. The National Assembly shall then be
convened without initiation, and within forty-eight hours from
the proclamation of martial law or the suspension of the privilege
of the writ of habeas corpus, the President shall report in person
or in writing to the body. The National Assembly, voting separately
as Sangguniang-Pangkalahatan and whose votes shall be tallied
according to principle of proportional representation, may either
revoke or concur to such proclamation or suspension depending
on the result of the vote. A revocation shall not be set aside
by the President. Upon the initiative of the President, the National
Assembly may, in the same manner, extend such proclamation or
suspension for a period to be determined by the body, if the invasion
or rebellion persists and public safety requires it.
22. Orders,
proclamations, and directives of the President shall require,
for their validity, a countersignature of the Governor-General
or the appropriate Minister or head; however it is not needed
in matters wherein the presidential statutes and enumerated prerogatives
are clearly defined by this Constitution.
23. The President
may be removed from office by an act of Parliament as a conclusion
to an impeachment proceeding, or through the recommendation of
at least 10 Sangguniang-Pangkalahatan resolutions disavowing the
president, or with the Supreme Court as the final arbitrator of
the case, establish that the President can no longer perform his
duties because of permanent disability due to serious physical
illness or absence of moral ascendancy to govern.
24. The President
may voluntary resign from office. His resignation shall be submitted
to the Governor-General and accepted by the Parliament. In case
wherein there is no Parliament, the resignation of President shall
be submitted to the Chief Justice of the Supreme Court.
25. Rules
of Succession and the Regent of Malacañang
25.1.
In case of death, removal from office, or resignation of the President,
the City Mayor of Manila shall act as Regent of Malacañang
(Patnubay ng Malakanyang), whose statute is to preserve and defend
the Constitution and the federal republic in transition.
25.2. Otherwise
stipulated by this Constitution, the regent shall instruct the
Electoral University to execute a presidential election within
30 days from vacancy of the Office of the President, and together
with the national Parliament, proclaim the duly elected President
no later than 60 days after vacancy.
25.3.
If the City Mayor of Manila intends to run for the presidency,
the office of regency shall be endowed upon the Governor-General.
If the Governor-General also intends to run, the Chief Justice
of the Supreme Court will hold the office of regency. And if the
Chief Justice also decides to compete for the presidential position,
the Reverend Rector of the EDSA Shrine will hold the statute of
regency. The Regent of Malacañang or the Reverend Rector
of EDSA Shrine is deputized to call upon all available agencies
at his disposal to fulfill this statute.
This Constitution sees no need for a vice
president as the powers of the president is only limited and not
needed in the day to day governance of the republic.
26. Excluding
death or due to serious debilitating illness, a president who
is not able to finish his term of office shall be considered disgraced.
A President who fully completes his prescribed term of office
shall be conferred the honorary title of Gat, and shall have a
ceremonial seat at the Parliament for life or otherwise removed
or limited by an act of Parliament. The honorary title and seat
cannot be inherited or transferred, but may be courteously refused.