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The Supreme Court, sitting en banc, shall be the
sole judge of all contests relating to the election, returns, and
qualifications of the President or Vice-President, and may
promulgate its rules for the purpose.
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 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
determined by law and shall not be decreased during their tenure. No
increase in said 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. The President-elect and the Vice
President-elect shall assume office at the beginning of their terms.
If the President-elect fails to qualify, the Vice President-elect
shall act as President until the President-elect shall have
qualified.
If a President shall not have been chosen, the Vice President-elect
shall act as President until a President shall have been chosen and
qualified.
If at the beginning of the term of the President, the
President-elect shall have died or shall have become permanently
disabled, the Vice President-elect shall become President.
Where no President and Vice-President shall have been chosen or
shall have qualified, or where both shall have died or become
permanently disabled, 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
chosen and qualified.
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
disability, or inability of the officials mentioned in the next
preceding paragraph.
Section 8. In case of death, permanent disability,
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 disability, 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 then act as President until the
President 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
President.
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.
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