Título IV Capítulo III. Organismo Ejecutivo

The President of the Republic is the Head of the State of Guatemala and exercises the functions of the Executive Branch by mandate of the people.

The President of the Republic shall always act with the Ministers, in Council or separately with one or more of them; is the Commander General of the Army, represents national unity and shall safeguard the interests of the entire population of the Republic.

The President of the Republic together with the Vice President, the Ministers, Vice Ministers and other dependent public officials comprise the Executive Branch and are prohibited from favoring any political party.

The functions of the President of the Republic are:

a)To comply with and enforce the Constitution and the laws.

b)To provide for the defense and security of the Nation, as well as for the preservation of public order.

c)To exercise command of the armed forces of the Nation with all the respective functions and attributions.

d)To exercise command of the entire public force.

e)To sanction, promulgate, execute and cause to be executed the laws, to issue the decrees for which he is empowered by the Constitution, as well as the agreements, regulations and orders for the strict compliance with the laws, without altering their spirit.

f)To issue the provisions that are necessary in cases of serious emergency or public calamity, with the duty to report to the Congress in its immediate sessions.

g)To present legislative initiatives to the Congress of the Republic.

h)To exercise the right of veto with respect to the laws issued by the Congress, except in cases in which the sanction of the Executive is not necessary in accordance with the Constitution.

i)To present annually to the Congress of the Republic, at the commencement of its period of sessions, a written report on the general situation of the Republic and on the matters of his administration conducted during the preceding year.

j)To submit annually to the Congress, for its approval, not less than one hundred twenty days in advance of the date on which the fiscal year shall begin, through the respective ministry, the draft budget containing in programmatic form the detail of the revenues and expenditures of the State. If the Congress is not in session it shall hold extraordinary sessions to consider the bill.

k)To submit for consideration by the Congress for its approval, and prior to their ratification, treaties and agreements of an international character and contracts and concessions concerning public services.

l)To convene the Legislative Branch to extraordinary sessions when the interests of the Republic so demand.

m)To coordinate, in the Council of Ministers, the development policy of the Nation.

n)To preside over the Council of Ministers and to exercise the function of hierarchical superior of the public officials and employees of the Executive Branch.

ñ)To maintain the territorial integrity and the dignity of the Nation.

o)To direct foreign policy and international relations; to conclude, ratify and denounce treaties and agreements in accordance with the Constitution.

p)To receive diplomatic representatives, as well as to issue and withdraw the exequatur to consuls.

q)To administer the public treasury in accordance with the law.

r)To exempt from fines and surcharges taxpayers who have incurred them for failure to cover taxes within the legal time limits due to acts or omissions in the administrative order.

s)To appoint and remove the Ministers of State, Vice-Ministers, Secretaries and Sub-Secretaries of the Presidency, ambassadors and other public officials as may correspond to him in accordance with the law.

t)To grant retirements, pensions and montepío benefits in accordance with the law.

u)To grant decorations to Guatemalans and foreigners.

v)Within the fifteen days following its conclusion, to inform the Congress of the Republic about the purpose of any trip he may have made outside the national territory and about the results thereof.

w)To submit every four months to the Congress of the Republic through the respective ministry an analytical report on budget execution, for its knowledge and control.

x)All other functions assigned to him by this Constitution or the law.

The President and Vice President of the Republic shall be elected by the people for a non-extendable period of four years, by secret and universal suffrage.

If none of the candidates obtains the absolute majority, a second election shall be held within a time limit of not more than sixty nor less than forty-five days, counted from the first and on a Sunday, between the candidates who have obtained the two highest relative majorities.

Guatemalans by origin who are citizens in exercise and over forty years of age may seek the office of President or Vice President of the Republic.

The following may not seek the office of President or Vice President of the Republic:

a)Neither the caudillo nor the leaders of a coup d'état, armed revolution or similar movement that has altered the constitutional order, nor those who as a consequence of such acts assume the Headship of Government;

b)The person who exercises the Presidency or Vice Presidency of the Republic when the election for said office is held, or who has exercised it for any time within the presidential term in which the elections are held;

c)Relatives within the fourth degree of consanguinity and the second degree of affinity of the President or Vice President of the Republic, when the latter is exercising the Presidency, and those of the persons referred to in the first subparagraph of this article;

d)Anyone who has been a Minister of State, for any time in the six months prior to the election;

e)Members of the Army, unless they are discharged or in retired status at least five years prior to the date of convocation;

f)Ministers of any religion or cult; and

g)Magistrates of the Supreme Electoral Tribunal.

The person who has held the office of President of the Republic by popular election for any length of time, or whoever has exercised it for more than two years in substitution of the incumbent, may not hold it again in any case.

Reelection or the prolongation of the presidential term by any means are punishable in accordance with the law. The mandate sought to be exercised shall be null.

The calling of elections and the assumption of office of the President and the Vice President of the Republic shall be governed by the provisions established in the Electoral and Political Parties Law.

In case of temporary or absolute absence of the President of the Republic, the Vice President shall replace him. If the absence is absolute, the Vice President shall hold the Presidency until the termination of the constitutional term; and in case of permanent absence of both, the person designated by the Congress of the Republic, with the favorable vote of two-thirds of the total number of deputies, shall complete said term.

The Vice President of the Republic shall exercise the functions of President of the Republic in the cases and manner established by the Constitution.

The Vice President shall be elected on the same ticket with the President of the Republic, in identical form and for the same term.

The Vice President must meet the same qualifications as the President of the Republic, shall enjoy the same immunities and holds, in the hierarchical order of the State, the rank immediately below that of said public official.

The functions of the Vice President of the Republic are:

a)To participate in the deliberations of the Council of Ministers with voice and vote;

b)By designation of the President of the Republic, to represent him with all the prerogatives corresponding to him, in official and protocol acts or in other functions;

c)To assist, with the President of the Republic, in the direction of the general policy of the government;

d)To participate, jointly with the President of the Republic, in the formulation of foreign policy and international relations, as well as to perform diplomatic missions or missions of another nature abroad;

e)To preside over the Council of Ministers in the absence of the President of the Republic;

f)To preside over the advisory bodies of the Executive established by the laws;

g)To coordinate the work of the Ministers of State; and

h)To exercise the other powers conferred upon him by the Constitution and the laws.

In case of absolute absence of the Vice President of the Republic or resignation thereof, he shall be replaced by the person designated by the Congress of the Republic, chosen from a three-person list proposed by the President of the Republic; in such cases the substitute shall serve until the end of the term with the same functions and prerogatives.

For the dispatch of the business of the Executive Branch, there shall be the ministries established by law, with the powers and the jurisdiction assigned to them by the same law.

Each ministry shall be in charge of a Minister of State, who shall have the following functions:

a)To exercise jurisdiction over all the offices of his ministry;

b)To appoint and remove the public officials and employees of his branch, when it corresponds to him to do so in accordance with the law;

c)To countersign the decrees, agreements and regulations issued by the President of the Republic, related to his office in order for them to be valid;

d)To submit to the President of the Republic the work plan for his branch and annually a report on the work performed;

e)To submit annually to the President of the Republic, in due course, the draft budget of his ministry;

f)To direct, process, decide and inspect all matters related to his ministry;

g)To participate in the deliberations of the Council of Ministers and sign the decrees and agreements issued by the same;

*h) To attend the Congress of the Republic and participate in the debates on matters related to his branch; and

i)To ensure strict compliance with the laws, administrative probity and the correct investment of public funds in the matters entrusted to his charge.

The President, the Vice President of the Republic and the Ministers of State, meeting in session, constitute the Council of Ministers, which takes cognizance of the matters submitted to its consideration by the President of the Republic, who convenes and presides over it.

The Ministers are responsible for their acts, in accordance with this Constitution and the laws, even where they act pursuant to the express order of the President. The Ministers who were present shall be jointly and severally responsible for the decisions of the Council of Ministers, except those who have recorded their adverse vote.

To be Minister of State, the following is required:

a)To be Guatemalan;

b)To be in the enjoyment of the rights of citizens; and

c)To be over thirty years of age.

The following may not be Ministers of State:

a)Relatives of the President or the Vice President of the Republic, as well as those of another Minister of State, within the fourth degree of consanguinity and second of affinity;

b)Those who, having been found liable in an accounts proceeding, have not discharged their responsibilities;

c)Contractors for works or enterprises financed with funds of the State, of its decentralized, autonomous or semi-autonomous entities, or of the municipality, their guarantors, and those who have pending claims arising from such dealings;

d)Those who represent or defend the interests of individual or juridical persons that exploit public services; and

e)Ministers of any religion or creed.

In no case may Ministers act as attorneys-in-fact for individual or juridical persons, nor in any way manage private business.

The ministers are obligated to submit annually to Congress, in the first ten days of the month of February of each year, the report of the activities of their respective branches, which shall also contain the budget execution of their ministry.

The ministers have the obligation to appear before Congress, for the purpose of answering the interpellations addressed to them.

In each Ministry of State there shall be a vice minister. To be vice minister the same qualifications as to be minister are required.

For the creation of additional vice minister positions, the favorable opinion of the Council of Ministers shall be necessary.

The Ministers and Deputy Ministers of State are liable for their acts, in accordance with what Article 195 of this Constitution prescribes and what the Law of Liabilities determines.

The President of the Republic shall have such secretaries as are necessary. Their attributions shall be determined by law.

The General and Private Secretaries of the Presidency of the Republic shall meet the same requirements required to be a minister and shall enjoy equal prerogatives and immunities.