X. THE PRESIDENT

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.

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