Qualifications, Election, and Term of the President and Vice-President | EXECUTIVE DEPARTMENT

Qualifications, Election, and Term of the President and Vice-President

I. Constitutional Basis:

The qualifications, election, and term of the President and Vice-President of the Philippines are primarily governed by the 1987 Constitution of the Republic of the Philippines, particularly in Article VII (Executive Department).

II. Qualifications:

1. President (Section 2, Article VII):

   • Natural-born citizen of the Philippines.
   • A registered voter.
   • Must be able to read and write.
   • At least 40 years of age on the day of the election.
   • A resident of the Philippines for at least ten (10) years immediately preceding the election.

2. Vice-President (Section 3, Article VII):

   • The qualifications for the Vice-President are identical to those for the President:
     • Natural-born citizen of the Philippines.
     • A registered voter.
     • Must be able to read and write.
     • At least 40 years of age on the day of the election.
     • A resident of the Philippines for at least ten (10) years immediately preceding the election.

III. Election:

1. Election of the President and Vice-President:

   • The President and Vice-President are elected by direct vote of the people for a term of six (6) years (Section 4, Article VII).
   • The election is held every second Monday of May (Sec. 4, Art. VII).

2. Method of Voting:

   • The President and Vice-President are elected separately, meaning a voter can choose candidates from different political parties for each position.

3. Term:

   • The term of office for both the President and Vice-President is six (6) years (Section 4, Article VII).
   • The term begins at noon on June 30 following their election and ends at noon on June 30 six years later.

4. Limitation on Re-election:

   • President: No person who has served as President for more than four years is eligible for re-election (Section 4, Article VII). This means a President can only serve a single term of six years, regardless of whether they served a full or partial term.
   • Vice-President: The Vice-President can serve two consecutive terms (Section 4, Article VII). This means that after serving two terms, the Vice-President is barred from seeking a third consecutive term but may run again after a break in office.

5. Election Process in Case of a Tie:

   • In case two or more candidates for President or Vice-President have an equal and highest number of votes, the Congress, voting separately by majority of all its Members, shall choose the winner (Section 4, Article VII).

IV. Ineligibility and Disqualification:

1. Dual Office-Holding (Section 13, Article VII):

   • The President and Vice-President cannot hold any other office or employment in the government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during their tenure.

2. Conflict of Interest:

   • They are also prohibited from engaging in any profession or business, or from being financially interested in any contract with, or in any franchise, or special privilege granted by the government or any of its subdivisions, during their term.

3. Impeachment:

   • Both the President and Vice-President are subject to impeachment for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust (Section 2, Article XI).

V. Vacancies:

1. Vacancy in the Presidency:

   • If the President dies, is permanently disabled, resigns, or is removed from office, the Vice-President shall become the President to serve the unexpired term (Section 8, Article VII).
   • If both the President and the Vice-President are unable to serve, the Senate President or, in case of the Senate President’s inability, the Speaker of the House of Representatives shall act as President until a new President or Vice-President is elected and qualified (Section 7, Article VII).

2. Special Election:

   • A special election may be called by Congress to elect a new President and Vice-President, but this can only happen if the vacancies occur at least 18 months before the next presidential election (Section 10, Article VII).
   • The President and Vice-President elected in a special election will serve only the unexpired portion of the term.

VI. Oath of Office:

• Before assuming office, the President and Vice-President must take the following oath or affirmation (Section 5, Article VII):

  "I do solemnly swear (or affirm) that I will faithfully and conscientiously 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 Nation. So help me God." (In case of affirmation, the last sentence is omitted).

VII. Immunity from Suit:

• The President is immune from suit during their tenure in office, which includes immunity from civil and criminal prosecution for acts done in their official capacity.

• The Vice-President does not enjoy such immunity and may be subject to litigation.

VIII. Other Relevant Provisions:

1. Presidential Succession Act (RA 7432):

   • This Act provides further guidance on the succession to the Presidency in cases of death, permanent disability, removal, or resignation of the President and Vice-President.

2. Presidential Electoral Tribunal (PET):

   • Disputes regarding the election, returns, and qualifications of the President and Vice-President are decided by the Supreme Court sitting en banc as the Presidential Electoral Tribunal (Section 4, Article VII).

IX. Important Jurisprudence:

1. David v. Arroyo (G.R. No. 171396, May 3, 2006) – This case reaffirmed the limitation on presidential re-election, wherein the Supreme Court emphasized that a person who serves as President for more than four years is ineligible for re-election.

2. Estrada v. Desierto (G.R. No. 146710-15, March 2, 2001) – In this case, the Supreme Court held that Joseph Estrada’s resignation and removal from office led to the lawful succession of Vice-President Gloria Macapagal-Arroyo to the Presidency. The Court also ruled on the issue of presidential immunity from suit post-tenure.

3. Romualdez-Marcos v. COMELEC (G.R. No. 119976, September 18, 1995) – This case involves a challenge to the qualifications of a candidate and clarified the residency requirement for presidential candidates.

Summary:

The President and Vice-President of the Philippines must meet strict qualifications, are elected by direct popular vote, and serve a single, six-year term (for the President) or two consecutive terms (for the Vice-President). Both are subject to disqualification for holding any other government position and can be removed through impeachment. The President is immune from suit during their term, while the Vice-President does not enjoy such immunity. Presidential succession is clearly defined, with the Vice-President first in line. Legal disputes regarding their election and qualifications are settled by the Presidential Electoral Tribunal.