Section I. Of the President of the Republic and of the Vice President
Article 226. Of the Exercise of the Executive Power
The Executive Power is exercised by the President of the Republic.
Article 227. Of the Vice President
There will be a Vice President of the Republic who, in case of impediment or temporary absence of the President or permanent vacancy of such office, will immediately substitute him, with all his attributions.
Article 228. Of the Requirements
To be President of the Republic or Vice President, it is required:
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to be in full exercise of their civil and political rights.
Article 229. Of the Duration of the Mandate
The President of the Republic and the Vice President will remain five non- extendable years in the exercise of their functions, counting from the fifteenth of August following the elections. They may not be reelected in any case. The Vice President may only be elected President for the next period if he had ceased in his office six months before the general elections. Whoever had exercised the presidency for more than twelve months may not be elected Vice President of the Republic.
Article 230. Of the Presidential Elections
The President of the Republic and the Vice President will be elected jointly and directly by the People, by simple majority of votes, in general elections realized between ninety and one hundred and twenty days before the expiration of the constitutional period in force.
Article 231. Of the Assumption of the Offices
In case that, at the date in which the President of the Republic and the Vice President must assume their functions, they have not been proclaimed in the form provided for by this Constitution, or the elections were nullified, the ceasing President [Presidente cesante] will deliver the mandate [el mando] to the President of the Supreme Court of Justice, who will exercise it until the transition is effected, his judicial functions remaining in suspense.
Article 232. Of the Entering into Possession of the Offices
The President of the Republic and the Vice President will enter into possession of their offices before the Congress, taking the oath or the promise of fulfilling with fidelity and patriotism their constitutional functions. If on the specified day the Congress does not reach the quorum to meet, the ceremony will be fulfilled before the Supreme Court of Justice.
Article 233. Of the Absences
The President of the Republic, or whoever is substituting him in [his] office, may not be absent from the country without giving prior notice to the Congress and to the Supreme Court of Justice. If his absence is for more than five days, the authorization from the Chamber of Senators will be required. During the recess of the Chambers, the authorization will be granted by the Permanent Commission of the Congress.
In no case, may the President of the Republic and the Vice President be simultaneously absent from the national territory.
Article 234. Of [Being] Leaderless [Acefalía]
In case of impediment or absence of the President of the Republic, the Vice President will replace him, and in his default [falta] and in successive form, the President of the Senate, that of the Chamber of Deputies, and that of the Supreme Court of Justice.
The Vice President-elect will assume the presidency of the Republic if this should be vacant before or after the proclamation of the President, and will exercise it until the end of the constitutional period.
If the permanent vacancy of the Vice Presidency occurs [se produce] during the first three years of the constitutional period, elections will be convoked to cover it. If the same occurred during the last two years, the Congress, by an absolute majority of its members, will designate [the person] who must perform the office for the rest of the period.
Article 235. Of the Inabilities
[The following] are unable to be candidates for President of the Republic or Vice President:
the members of the Executive Power, the Vice Ministers or Sub-Secretaries and the functionaries of equivalent rank, the general directors of public offices [reparticiones públicas] and the Presidents of councils, directors, managers or general administrators of the decentralized, autarchic, autonomous, binational, or multinational entities [entes], and those of enterprises with a major participation of the State,
the judicial Magistrates and the members of the Public Ministry;
The Defender of the People, the Comptroller General of the Republic and the Sub-Comptroller, the Procurator General of the Republic, the members [integrantes] of the Council of the Magistrature and the members of the Superior Tribunal of Electoral Justice;
the representatives or mandatories [mandatarios] of national or foreign enterprises, corporations or entities [entidades], that are concessionaires of state services or of execution of works [obras] or supply of goods to the State;
the ministers of any religion or cult;
the municipal Mayors and the Governors;
the members in active service of the Armed Forces of the Nation and those of the National Police, unless they retire one year before, at least, the day of the general elections;
the owners or co-owners of the communications media, and
The spouse or the relatives within the fourth degree of consanguinity, or second of affinity, of whoever finds himself in the exercise of the presidency at the moment of the election, or has performed it for any time during the year prior to the celebration of that [election].
In the cases specified in paragraphs 1), 2), 3) and 6), the affected [person] must resign and cease exercising their respective offices, at least six months before the day of the elections, except for the cases of permanent vacancy of the vice presidency.
Article 236. Of the Inability for Infringement against the Constitution
The military heads or the civilian leaders [caudillos] of a coup d’état, armed revolution or similar movements that infringe the order established by this Constitution, and who as [a] consequence assume the power as President of the Republic, Vice President, Minister of the Executive Power or military command [mando] proper to general officers, are ineligible for the exercise of any public office for two consecutive constitutional periods, without prejudice to their respective civil and penal responsibilities.
Article 237. Of the Incompatibilities
The President of the Republic and the Vice President may not exercise public or private offices, remunerated or not, while in their functions. They may neither exercise commerce, industry or any professional activity[;] they must exclusively dedicate themselves to their functions.
Article 238. Of the Duties and of the Attributions of the President of the Republic
[The following] are duties and attributions of whoever exercises the presidency of the Republic:
to represent the State and to direct the general administration of the country;
to fulfill and to have fulfilled this Constitution and the laws;
to participate in the formation of the laws, in accordance with this Constitution, to promulgate them and to publish them, to regulate them, and to control their fulfillment;
to veto, totally or partially, the laws sanctioned by the Congress, formulating the observations or objections that he considers appropriate;
to issue decrees that, for their validity, require the countersignature [refrendo] of the Minister of the branch [ramo],
to appoint and to remove by himself the ministers of the Executive Power, the Procurator General of the Republic and the functionaries of the Public Administration, whose designation and permanency in the offices are not otherwise regulated by this Constitution or by the law;
the management of the foreign relations of the Republic. In the case of foreign aggression, and prior authorization of the Congress, to declare the State of National Defense or to agree to peace; to negotiate and to sign international treaties; to receive the heads of the diplomatic missions from foreign countries and to admit their consuls and to designate ambassadors, with the agreement of the Senate;
to give account to the Congress, at the beginning of each annual period of sessions, on the management [gestiones] realized by the Executive Power, as well as to report on the general situation of the Republic and on the plans for the future;
to be commander in chief of the Armed Forces of the Nation, [a] responsibility [cargo] that is not delegable. In accordance with the law, he dictates the military regulations, he is provided with the Armed Forces, he organizes [them] and deploys [them]. By himself, [por sí] to appoint and to remove the commanders of the Public Force. He adopts the necessary measures for the national defense. He provides, by himself [por sí] the ranks in all the armies, up to that of lieutenant colonel [teniente coronel] or their equivalent and, with the agreement of the Senate, the superior ranks;
to pardon or to commute the penalties imposed by the judges and Tribunals of the Republic, in accordance with the law, and with [a] report of the Supreme Court of Justice;
to convoke the Congress to extraordinary sessions, either of the Chambers or both at the same time, [where] these must only treat those issues submitted to their respective consideration;
to propose to the Congress bills of law, which can be presented with [a] request of [an] urgent consideration, within the terms established in this Constitution;
to provide for the collection and investment of the revenues [rentas] of the Republic, in accordance with the National General Budget and with the laws, reporting back annually to the Congress on its execution;
to prepare and to present to the consideration of the two Chambers the annual bill of the National General Budget;
to have the provisions of the authorities created by this Constitution complied with, and
the other duties and attributions that this Constitution establishes.
Article 239. Of the Duties and of the Attributions of the Vice President of the Republic
[The following] are duties and attributions of whoever exercises the vice presidency of the Republic:
to substitute immediately [for] the President of the Republic, in the cases specified by this Constitution;
to represent the President of the Republic nationally and internationally, by designation of the same, with all the prerogatives that correspond to him [aquél], and
to participate in the deliberations of the Council of Ministers and to coordinate the relations between the Executive and the Legislative Powers.
Section II. Of the Ministers and of the Council of Ministers
Article 240. Of the Functions
The direction and the administration [gestión] of the public business are entrusted to the Ministers of the Executive Power, whose number and functions will be determined by the law. In the case of temporary absence of one of them, he will be substituted by one of the vice ministers of the branch [ramo].
Article 241. Of the Requirements, of the Incompatibilities, and of the Immunities
To be a Minister the same requirements as for the office of Deputy are demanded. They also have, equal incompatibilities as that the established for the President of the Republic, except the exercise of teaching [docencia]. They may not be deprived of their liberty, except in the cases specified for the members of the Congress.
Article 242. Of the Duties and of the Attributions of the Ministers
The Ministers are the heads of the administration of their respective ministerial areas [carteras], in which, under the direction of the President of the Republic they promote and execute the policy relative to the matters of their competence.
They are responsible in solidarity for the acts of government that they countersign.
Annually, they will present to the President of the Republic a report [memoria] of their management [gestiones], which will be brought to the cognizance of the Congress.
Article 243. Of the Duties and of the Attributions of the Council of Ministers
Convoked by the President of the Republic, the Ministers meet in Council in order to coordinate the executive tasks, to promote the policy of the government and to adopt collective decisions.
The Council is competent:
to deliberate on all the matters of public interest that the President of the Republic submits to its consideration, acting as a consultative body, as well as to consider the initiatives in legislative matters, and
to provide for the periodic publication of its resolutions.
Section III. Of the Office of the Procurator General [Procuraduría General] of the Republic
Article 244. Of the Composition
The Office of the Procurator General of the Republic will be the responsibility of a Procurator General and the other functionaries that the law determines.
Article 245. Of the Requirements, and of the Appointment
The Procurator General of the Republic must meet the same requirements demanded to be General Attorney of the State. He is appointed and removed by the President of the Republic. The incompatibilities will be established by the law.
Article 246. Of the Duties and of the Attributions
[The following] are duties and attributions of the Procurator General of the Republic:
to represent and to defend, in [a] judicial or extra judicial [manner], the patrimonial interests of the Republic;
to decide in the cases and with the effects specified in the laws;
to advise in [a] juridical [manner] the Public Administration in the form that the law determines, and
the other duties and attributions that the law establishes.
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