Title IV. On the Executive Power
Chapter I. On the President and Vice President of the Republic
Section I. General Provisions
Article 122. President of the Republic
The Executive Power is exercised in the name of the people by the male or female President of the Republic, in his or her condition as head of State and of government in accordance with that provided by this Constitution and the law.
Article 123. Requirements to be the President of the Republic
In order to be President of the Republic, one is required:
- To be Dominican by birth or origin
- To have reached thirty years of age
- To be in full exercise of civil and political rights
- To not be in active military or police service for at least the three years prior to the presidential elections
Article 124. Presidential election
The Executive Power is exercised by the male or female President of the Republic, who shall be elected every four years by direct vote. The male or female President of the Republic may opt for a second consecutive constitutional term and may never again run for the same office or the Vice Presidency of the Republic.
Article 125. Vice President of the Republic
There shall be a male or female Vice President of the Republic, elected jointly with the President in the same form and for an equal period. In order to be Vice President of the Republic the same conditions are required as to be President.
Article 126. Swearing in of the President and of the Vice President of the Republic
The President and Vice President of the Republic elected in general elections shall give an oath of office the 16th of August following their election, the date on which the term of the exiting authorities ends. Consequently:
- When the President of the Republic cannot swear the oath due to finding himself outside of the country, sickness, or for any other cause for force majeure, the Vice President of the Republic shall be sworn in, who shall exercise for the interim the office of the President of the Republic, and in his absence, the President of the Supreme Court of Justice. Once the reason that has impeded the President or the Vice President from assuming their offices has ended, they shall be sworn in and shall enter their offices immediately.
- If the elected President of the Republic is absent in a definitive form without being sworn into office, and this absence is recognized to be so by the National Assembly, the Vice President elect of the Republic shall serve as his substitute and in his absence, it shall proceed in the earlier indicated manner.
Article 127. Oath
The male or female President and the male or female Vice President elect of the Republic, before entering office, shall give before the National Assembly the following oath: “I swear before God and before the people, by the Country and by my honor, to fulfill and make fulfilled the Constitution and the laws of the Republic, to protect and defend its independence, to respect the rights and the liberties of the male and female citizens and to faithfully fulfill the duties of my office.
Section II. On the Powers
Article 128. Powers of the President of the Republic
The male or female President of the Republic directs the internal and exterior policy, the civil and military administration, and is the supreme authority of the Armed Forced, the National Police, and the other bodies of security of the State.
- In his condition as Chief of State it is his responsibility:
- To preside over the solemn acts of the Nation
- To Promulgate and make public the laws and resolutions of the National Congress and to watch for their faithful execution. To expedite decrees, rules, and instructions when it is necessary.
- To appoint or dismiss the members of the military and police jurisdictions
- To make and sign international treaties and conventions and to submit them for the approval of the National Congress, without which they will neither be valid nor carry obligations for the Republic.
- Provide, in accordance with the law, for that which concerns the Armed Forces as well as the National Police, to order them himself or through an appropriate ministry, always maintaining his supreme command. To decide the contingent of the same and to provide them for public service ends.
- To take necessary measures to provide for and guarantee the legitimate defense of the Nation, in case of actual or imminent armed attack on the part of a foreign nation or external powers, with the duty of informing the National Congress of the adopted provisions and soliciting the declaration of a State of Defense if it proceeds
- To declare, it the National Congress does not find itself meeting, states of exception in accordance with the provisions given in Articles 262 to 266 of this Constitution.
- To adopt necessary provisional measures of police and security in the case of the violation of the provisions of Article 62, number 6, of this Constitution that disrupt or threaten the public order, the security of the State, the regular functioning of public services or public use, or impede the development of economic activities and do not constitute facts given in Articles 262 to 266 of this Constitution.
- To provide, in accordance with the law, all that is related to the aerial, marine, river, land, military, and police in matters of national security, with the studies previously realized by the ministries and their administrative departments.
- To grant pardons on the 27th of February, 16th of August, and 23rd of December of each year, in accordance with the law and international conventions.
- To arrest or expel, in accordance with the law, foreigners whose activities are or could be detrimental to the public order or the national security.
- To prohibit, when it is good for the public interest, the entry of foreigners into the national territory.
- In his condition as Chief of Government he has the ability:
- To appoint ministers and vice ministers and other public officials that occupy offices of free appointment or whose appointment is not attributed to any other body of the State recognized by this Constitution or the law, as well as to accept their resignation and to remove them.
- To appoint the male and female heads of the autonomous and decentralized organs and bodies of State, as well as to accept their resignations and to remove them, in accordance with the law.
- To change the location of his official residence when he judges it necessary.
- To make contracts, submitting them for approval to the National Congress when they have provisions related to damage caused to national revenue, to the transfer of title of assets of the State, to the termination of loans or when they stipulate exemptions to taxes in general, in accordance with the Constitution. The maximum amount for said contracts and exemptions that may be endorsed by the President of the Republic without congressional approval shall be two hundred minimum salaries of the public sector.
- To safeguard the good collection and faithful investment of the national revenue
- To deposit before the National Congress, at the beginning of the first ordinary legislature on the 27th of February of each year, the reports of the ministries and to render the accounts of his administration of the prior year.
- To submit to the National Congress, no later than the first of October of every year, the Project of Law of the General Budget of the State for the following year.
- As Chief of Sate and of Government, it is his responsibility:
- To appoint, with the approval of the Senate of the Republic the accredited ambassadors abroad and the chiefs of permanent missions before international bodies, as well as to appoint the other members of the diplomatic corps, in accordance with the Law of Foreign Service, to accept their resignations and to remove them.
- To direct diplomatic negotiations and to receive foreign Chiefs of State and their representatives.
- To grant or deny authorization to Dominican citizens that they may exercise public duty or office for international governments or organizations in the Dominican territory and that they may accept and use awards and titles granted by foreign governments.
- To authorize or deny authorization to city councils to sell title to real estate and to approve or not the contracts that they make, when they are made in the guarantee of real estate or municipal revenues.
- The other powers provided for in the Constitution and the law.
Section III. On the Presidential Succession
Article 129. Presidential succession
The presidential succession shall be ruled by the following norms:
- In case of the temporary absence of the President of the Republic, the Vice President of the Republic shall assume the Executive Power.
- In case of the definitive absence of the President of the Republic, the Vice President shall assume the Presidency of the Republic for the time that remains before the end of the presidential term.
- In the definitive absence of both, the President of the Supreme Court of Justice shall assume the Executive Power for the interim, who, within the fifteen days that follow the date of having assumed that office, shall convoke the National Assembly so that they may meet within the fifteen following days and elect the new President and Vice President of the Republic, in a session that may not be ended or be declared in recess until the election has taken place.
- In the case that, for any circumstance, such a convocation cannot be made, the National Assembly shall meet in full right, immediately, to achieve the election in the previously indicated manner.
- The election shall be made through the favorable vote of more than half of the present assembly members.
- The substitutes for the President and Vice President of the Republic shall be chosen from the shortlists that the superior body of the political party that elected them presents to the National Assembly, in accordance with their statutes, in the period given in number 3 of this article. Once the period has run without the party having presented the shortlists, the National Assembly shall realize the election.
Article 130. Vice Presidential succession
In case of the definitive absence of the Vice President of the Republic, before or after his swearing in, the President of the Republic, in a period of thirty days, shall present a shortlist to the National Assembly for his election. Once the period has passed without the President having presented a shortlist, the National Assembly shall realize the election.
Section IV. Special Provisions
Article 131. Authorization to travel abroad
The male or female President of the Republic may not travel abroad for more than fifteen days without the authorization of the National Congress.
Article 132. Resignation
The male or female President and Vice President of the Republic may only resign before the National Assembly.
Article 133. Immunity and deprivation of liberty
Without prejudice to that provided for in Article 80, number 1 of this Constitution, the male or female President and the Vice President of the Republic, elect or in office, may not be deprived of their liberty.
Chapter II. On the Ministries
Article 134. Ministries of State
For the handling of the matters of government there shall be ministries that are created by law. Each ministry shall be headed by one minister and shall have the vice ministers that are considered necessary for the handling of their affairs.
Article 135. Requirements to be a minister or vice minister
In order to be a minister or vice minister, one is required to be a male or female Dominican in full exercise of civil and political rights and to have reached the age of twenty-five years. Naturalized people may only be ministers or vice ministers ten years after having acquired Dominican nationality. Ministers and vice minister may not exercise any professional or commercial activity that could create conflicts of interest.
Article 136. Powers
The law shall determine the powers of ministers and vice ministers.
Section I. On the Council of Ministers
Article 137. Council of Ministers
The Council of Ministers is the organ of coordination of the general affairs of the government and has as its end to organize and accelerate the handling of the aspects of the Public Administration in benefit of the general interests of the Nation and in service of the citizenry. It shall be formed by the President of the Republic, who shall preside over it, the Vice President, and the ministers.
Chapter III. On the Public Administration
Article 138. Principles of the Public Administration
The Public Administration is subject in its conduct to the principles of efficiency, hierarchy, objectivity, equality, transparency, economy, publicity, and coordination, with full submission to the juridical set of laws of the State. The law shall regulate:
- the rules of the public officers, the access to public office in accordance to the merit and ability of the candidates, specialized education and training, the rule of conflicts of interest of the officials that ensure their impartiality in the exercise of the functions legally conferred.
- The procedure through which resolutions and administrative acts must be produced, guaranteeing the audience of interested people, with the exceptions that the law establishes.
Article 139. Control of legality of the Public Administration
The courts shall control the legality of the conduct of the Public Administration. The citizenry can demand this control through the procedures established by law.
Article 140. Regulation for the increase of remunerations
No public institution or autonomous entity that manages public funds shall establish norms or provisions that tend to increase the remuneration or benefits of its administrators or executives, but rather for a period following that for which they were elected or appointed. The inobservance of this provision shall be sanctioned in accordance with the law.
Section I. On the Autonomous and Decentralized Bodies of the State
Article 141. Autonomous and decentralized bodies
The law shall create autonomous and decentralized bodies in the State, provided with juridical character, with administrative, financial, and technical autonomy. These bodies shall be assigned to the sector of the administration that is compatible with their activities, under the watch of the male or female head minister of the sector. The law and the Executive Power shall regulate the policies of non-concentration of the services of the public administration.
Section II. On the Statute of Public Office
Article 142. Public Office
The Statute of Public Office is a rule of public right based on the merit and professionalization for an efficient management and accomplishment of the essential functions of the State. This statute shall determine the form of entering, ascent, evaluation of work, permanence, and separation of the public servant from his role.
Article 143. Statutory rule
The law shall determine the statutory rule required for the professionalization of the different institutions of the Public Administration.
Article 144. Rule of compensation
No official or employee of the State may take on, in a simultaneous manner, more than one paid office, except for teaching. The law shall establish the methods of compensation of male and female officials and employees of the State, in accordance with criteria of merit and characteristic of their giving service.
Article 145. Protection of Public Office
The dismissal of public servants that belong to the Administrative Career in violation of the rule of Public Office shall be considered an act contrary to the Constitution and the law.
Article 146. Prohibition of corruption
All forms of corruption in the organs of the State are condemned. Consequently:
- All persons who extract public funds or who, taking advantage of their positions within the organs and bodies of the State, its autonomous offices or institutions, obtains for himself or for third parties economic advantage, shall be penalized.
- In equal manner, a person who gives advantages to his associations, family, allies, friends or relationships shall be penalized.
- In accordance with that provided by law, sworn declarations of assets of male and female public officials, who always have the responsibility of proving the origin of their assets, before and after having terminated their office or at the request of the appropriate authority.
- To people who have been condemned for crimes of corruption the penalty of civic degradation shall be applied, and restitution for that they took in an illegal manner shall be required.
- The law may provide for periods of statute of limitations of longer duration than that which is ordinary for cases of crimes of corruption and a restrictive regimen of procedural benefits.
Section III. On Public Services
Article 147. Objective of public services
Public services are meant to satisfy the necessities of collective interest. They shall be declared by law. Consequently:
- The State guarantees access to public services of quality, directly or by delegation, through concession, authorization, association in participation, transfer of actionable property or other contractual modality, in accordance with this Constitution and the law.
- Public services given by the State or by individuals, the legal or contractual modalities, must respond to the principles of universality, accessibility, efficiency, transparency, responsibility, continuity, quality, reasonability, and equity of price.
- The regulation of public services is the exclusive role of the State. The law may establish that the regulation of those services and other economic activities is found under the charge of bodies created for those ends.
Section IV. On the Civil Responsibility of Public Entities, their Officials or Agents
Article 148. Civil responsibility
Juridical persons of public right and their officials or agents shall be responsible, jointly and mutually, in accordance with the law, for damages and prejudices occasioned on physical or juridical persons for an anti-juridical administrative action or omission.
