or Vice-President shall have been elected and qualified.
The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until the President or the Vice-President shall have been
elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting
Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was
elected, the President shall nominate a Vice-President from among the Members of the Senate and the House
of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both
Houses of the Congress, voting separately.
Section 10. The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of
the President and Vice-President occurs, convene in accordance with its rules without need of a call and within
seven days enact a law calling for a special election to elect a President and a Vice-President to be held not
earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special
election shall be deemed certified under paragraph 2, Section 26, Article V1 of this Constitution and shall
become law upon its approval on third reading by the Congress. Appropriations for the special election shall be
charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section
25, Article V1 of this Constitution. The convening of the Congress cannot be suspended nor the special election
postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of
the next presidential election.
Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to discharge the powers and duties of his office, and
until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by
the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the
Speaker of the House of Representatives their written declaration that the President is unable to discharge the
powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office
as Acting President.
Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of
Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his
office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President
of the Senate and to the Speaker of the House of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose,
the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and
without need of call.
If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve
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 his office, the Vice- President shall act as President;
otherwise, the President shall continue exercising the powers and duties of his office.
Section 12. In case of serious illness of the President, the public shall be informed of the state of his health. 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, shall not be denied access to the President during such illness.
Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall
not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They
shall not, during said tenure, 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
or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or
their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.
The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not
during his tenure be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman,
or a Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or
controlled corporations and their subsidiaries.
Section 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected
President within ninety days from his assumption or reassumption of office.
Section 15. Two months immediately before the next presidential elections and up to the end of his term, a
President or Acting President shall not make appointments, except temporary appointments to executive
positions when continued vacancies therein will prejudice public service or endanger public safety.
Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint
the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the
armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him
in this Constitution. He shall also appoint all other officers of the Government whose appointments are not
otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by
law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
The President shall have the power to make appointments during the recess of the Congress, whether voluntary
or compulsory, but such appointments shall be effective only until disapproval by the Commission on
Appointments or until the next adjournment of the Congress.
Section 17. The President shall have control of all the executive departments, bureaus, and offices. He shall
ensure that the laws be faithfully executed.
Section 18. 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. In case of invasion or rebellion, when the public safety requires it, he 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. 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 submit a report in person or in writing to the Congress. The Congress,
voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such
proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the
President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be
determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension,
convene in accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual
basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof,
and must its decision thereon within thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over
where civil courts are able to function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses
inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially
charged within three days, otherwise he shall be released.
Section 19. 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 a majority of all the Members of the
Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines
with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law.
The Monetary Board shall, within thirty days from the end of every quarter of the calendar year, submit to the
Congress a complete report of its decision on applications for loans to be contracted or guaranteed by the
Government or government-owned and controlled corporations which would have the effect of increasing the
foreign debt, and containing other matters as may be provided by law.
Section 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-
thirds of all the Members of the Senate.
Section 22. The President shall submit to the Congress within thirty days from the opening of every regular
session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing,
or Vice-President shall have been elected and qualified.