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THE OFFICE OF THE PRESIDENT
What
is the President's term of office?
- The
presidential term of office begins at noon on June 30 following
the day of the election and ends on June 30 six years thereafter.
- The
President is not eligible for reelection.
- The
President's successor is disqualified to run for the presidency
if he or she has served as president for more than four years.
The President's oath or affirmation
"I do solemnly swear (or affirm) that I will faithfully and consciously
fulfill my duties as president (or vice president) of the Philippines,
preserve and defend its Constitution, execute its laws, do justice
to every man, and consecrate myself to the service of the National.
So help me God.
(In case of affirmation, the last sentence will be omitted.)
What happens if the President is seriously ill or unable to
discharge his or her duties?
- In
case of serious illness of the President, the public will be informed.
The members of the Cabinet in charge of national security and
foreign relations and the chief of staff of the Armed Forces of
the Philippines will not be denied access to the President during
such illness.
- Whenever
the President transmits to the Senate president and the Speaker
his or her written declaration that he or she is unable to discharge
the powers and duties of the office, and until he or she transmits
to them a written declaration to the contrary, such powers and
duties will be discharged by the Vice President as acting president.
- Whenever
a majority of all the members of the Cabinet transmit to the Senate
president and to the Speaker their written declaration that the
President is unable to discharge the powers and duties of the
office, the Vice President will immediately assume such powers
and duties as acting president.
- When
the President transmits to the Senate president and the Speaker
his or her written declaration that no inability exists, he or
she will reassume the powers and duties. Meanwhile, should a majority
of all the members of the Cabinet transmit within five days to
the Senate president and to the Speaker their written declaration
that the President is unable to discharge these powers and duties,
Congress will decide the issue.
- If
Congress, within 10 days after receipt of the last written declaration,
or, if not in session within 12 days after it is required to assemble,
determines by a two-thirds vote of both houses, voting separately,
that the President is unable to discharge the powers and duties
of the office, the Vice President shall act as President; otherwise,
the President will continue exercising such powers and duties.
What the President cannot do
- The
President, Vice President, members of the Cabinet, and their deputies
or assistants cannot hold any other office or employment during
their tenure. They cannot, directly or indirectly, practice any
other profession, participate in any business, or be financially
interested in any contract with or in any franchise or special
privilege granted by the government. They must strictly avoid
conflict of interest in the conduct of their office.
- The
President, Vice President, members of the Cabinet and other affected
officials cannot divest his or her shareholdings or interests
to his or her spouse and relatives within the fourth civil degree
of consanguinity or affinity. Divestment must be within 60 days
of assumption of office.
- The
President cannot appoint his or her spouse and relatives by consanguinity
or affinity within the fourth civil degree as members of the Constitutional
Commissions or the Office of the Ombudsman, or as secretaries,
undersecretaries, chairpersons, or heads of bureaus or offices,
including government-owned or -controlled corporations during
his or her tenure.
- The
President or acting President cannot make appointments two months
immediately before the next presidential elections and up to the
end of his or her term, except temporary appointments to executive
positions in which continued vacancies will prejudice public service
or endanger public safety.
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PCIJ Reports on Estrada
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