# Bayanihan Constitution/Article VIII

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Source: Full text: Consultative Committee's draft federal constitution. The Philippine Star.
ARTICLE VIII EXECUTIVE DEPARTMENT
SECTION 1. The executive power of the Federal Republic is vested in the President.
SECTION 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, holder of a college degree or its equivalent and on the day of the election, at least forty (40) years of age, and domiciled in the Philippines for at least ten (10) years immediately preceding such election.
SECTION 3. There shall be a Vice President who shall have the same qualifications and term of office as the President.
The Vice-President shall be appointed as a Member of the Cabinet. The appointment shall not require confirmation.
SECTION 4. (a) The President and the Vice President shall be elected by direct vote of the people for a term of four (4) years, which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date four (4) years thereafter. Both the President and Vice President shall be eligible for reelection to one (1) term.
(b) A person who has succeeded to the office of the President and has served as such for at least two (2) years and has been elected as President for a fresh term shall be ineligible for election to the same office at any other time.
(c) The President and the Vice President shall be elected as a team. A vote for the presidential candidate shall be counted as a vote for his vice presidential candidate.
(d) The returns of every election for President and Vice President, duly certified by the board of canvassers of each Federated Region, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty (30) days after the day of the election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.
(e) The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting jointly.
(f) The Congress shall promulgate its rules for the canvassing of the certificates.
(g) The Federal Electoral Court, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President and Vice President, as provided for in Section 18, Article IX of the Constitution.
SECTION 5. Before they enter on the execution of their office, the President, the Vice President, or the Acting President shall take the following oath or affirmation:
“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice President or Acting President) of the Federal Republic 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, last sentence will be omitted).
SECTION 6. The President shall have an official residence. The salaries of the President and Vice President shall be fixed by law and shall not be decreased during their tenure. No increase in compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument from the government or any other source.
SECTION 7. (a) The election for President and Vice President shall, unless otherwise provided by law, be held every second Monday of May and every four (4) years thereafter.
(b) If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified.
(c) If at the beginning of their term, the President shall have died or shall have become permanently incapacitated, the Vice President shall become President.
(d) Where no President and Vice President shall have been elected or shall have qualified, or where both shall have died or become permanently incapacitated, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives shall act as President until a President or a Vice President shall have been elected and qualified.
(e) The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice President shall have qualified, in case of death, permanent incapacity, or inability of the officials mentioned in the next preceding paragraph.
SECTION 8. (a) In case of death, permanent incapacity, removal from office, or resignation of the President, the Vice President shall become the President to serve the unexpired term. In case of death, permanent incapacity, removal from office, or resignation of both the President and Vice President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall act as President until the President or Vice President shall have been elected and qualified.
This work is in the public domain because it is a work of the Philippine government (see Republic Act No. 8293 Sec. 176).
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