LAW 408-A (Group 3) 12 AUGUST 2020

Ababa, Katherine
Almeda, Karl Angelo
Lloren, Tenessee
Salting, Janice May
Tomampos, Gretyl

THE EXECUTIVE DEPARTMENT

LIMITATIONS
POWERS
Specific General

1. Executive Power
1. No increase in salaries until
● Executive power shall be vested in the after the expiration of the
President of the Philippines. (Sec. 1, Art. President and Vice-President’s
VII of the 1987 Constitution) term (Sec. 6, Art. VII of the 1987
Constitution)
● The power to enforce and administer
laws; The President shall have control 2. The President and Vice-
over all executive departments, bureaus President shall not receive
and offices. (Sec. 17, Art. VII of the 1987 other emoluments from the
Constitution)
 government or any other
● Until and unless a law is declared source during their tenure (Sec.
unconstitutional, the President has a 6, Art. VII of the 1987 Constitution)
duty to execute the laws regardless of his
doubts as to its validity (otherwise 3. The President, Vice-President,
known as the “Faithful Execution the Members of the Cabinet,
Clause”) (Secs. 1 and 17, Art. VII of the 1987 and their deputies or assistants
Constitution) shall not hold any other office
or employment during their
2. Executive Privilege tenure, unless otherwise
● The validity of a claim of provided in the Constitution
● Executive privilege is the power of the privilege depends on the (Sec. 13 Art. VII of the Constitution)
President to withhold certain types of ground invoked to justify it and
information from the courts, the the context in which it is 4. The President, Vice-President,
Congress, and ultimately the public. claimed. It is not for the one the Members of the Cabinet,
claiming executive privilege to and their deputies or assistants
It covers information which are of a unilaterally determine that the shall not, directly or indirectly,
nature that disclosure would subvert Senate’s subpoena should be and during their tenure,
military or diplomatic objectives, or disregarded. (Senate vs. Ermita, practice any other profession,
information about the identity of GR No. 169777, April 20, 2006) participate in any business, or
persons who furnish information of be financially interested in any
violations of law, or information about ● Only one executive official may contract with, or in any
internal deliberations comprising the be absolutely exempted from franchise or special privilege
process by which government decisions the compulsory power of granted by the government or
are reached. (Bernas Reviewer,1 p.279) Congress - The President. any subdivision, agency, or
(Bernas Reviewer, p.280)

1 Joaquin Bernas, S.J., The 1987 Philippine Constitution: A Comprehensive Reviewer; Hereafter referred to as “Bernas Reviewer”

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 ● The following are recognized
privileged information:
(1) Conversations and correspondence
between the President and the public
official covered by EO No. 464;2
(2) Military, diplomatic and other national
security matters which in the interest of
national security should not be divulged;
(3) Information between inter-government
agencies prior to the conclusion of
treaties and executive agreements;
as instrumentality thereof,
including GOCCs or their
subsidiaries (Sec. 13, Art. VII of the
1987 Constitution)
5. The President, Vice-President,
the Members of the Cabinet,
and their deputies or assistants
shall strictly avoid conflict of
interest in the conduct of their
office (Sec. 13, Art. VII of the 1987
Constitution)

(4) Discussion in close-door Cabinet

meetings; and
(5) Matters affecting national security and
public order. (Senate vs. Ermita, GR No.
169777, April 20, 2006)
3. Power of Control and Supervision
● The President’s power of
● The President shall have control of all
executive departments, bureaus, and
offices. He shall ensure that the laws be
6. The President’s spouse or
control and supervision is not
absolute as their exercise may
be effectively limited by
relatives by consanguinity or
affinity within the 4th civil
degree may not, during his
tenure, be appointed: (1) as
Members of Constitutional
Commissions, (2) to the Office
of the Ombudsman, (3) as
Secretaries and

2 Sec. 2(b), EO No. 464: Who are covered:

(1) Senior officials of executive departments who in the judgment of the department heads are covered by the privilege;
(2) Generals and flag officers of the AFP and such other officers who in the judgment of the Chief of Staff are covered by the privilege;
(3) PNP officers with rank of chief superintendent or higher and such other officers who in the judgment of the Chief of the PNP are covered
by the privilege;
(4) Senior national security officials who in the judgment of the National Security Adviser are covered by the privilege; and
(5) Such other officers as may be determined by the President.

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 faithfully executed (Sec. 17, Art VII of the
1987 Constitution)
● The President of the Philippines shall
exercise general supervision over local
governments. (Sec. 4, Art. X of the 1987
Constitution)
● The President shall exercise general
supervision over autonomous regions to
ensure that laws are faithfully executed.
(Sec. 16 Art. X of the 1987 Constitution)
● The power of control has been defined
as “the power of an officer to alter or
modify or nullify or set aside what a
subordinate officer had done in the
performance of his duties and to
substitute the judgment of the former for
that of the latter.”
On the other hand, the power of
supervision is the power of a superior
officer to “ensure that the laws are
faithfully executed” by inferiors. The
power of supervision does not include
the power of control; but the power of
control necessarily includes the power of
supervision. (Bernas Reviewer, pp.302-307)
relevant laws and Undersecretaries, or (5) as
jurisprudence, in line with the chairmen or heads of bureaus
Faithful Execution Clause of or offices, including GOCCs
the Constitution. and their subsidiaries (Sec 13,
Art. VII of the 1987 Constitution)
7. No loan, guaranty, or other
form of financial
accommodation for any
business purpose may be
granted, directly or indirectly,
by any government-owned or
controlled bank or financial
institution to the President, the
Vice-President, the Members of
the Cabinet or to any firm or
entity in which they have
controlling interest, during
their tenure. (Sec. 16, Art. XI of the
1987 Constitution)
8. Majority of all members of the
Cabinet may transmit to the
President of the Senate and the
Speaker of the House of
Representatives their written
declaration that the President
is unable to discharge the
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 4. Power of Appointment functions of his office. The
● Constitutional ban on midnight Vice-President shall then
● Appointments requiring the appointments - The President immediately assume the
confirmation of the Commission on or Acting President shall not powers and duties of the office
Appointments (CA): make appointments two as Acting President. (Sec. 11, Art.
months immediately before the VII of the 1987 Constitution)
(1) Heads of executive departments next presidential elections and
(2) Ambassadors, other public ministers, up to the end of his term. 9. The President shall not be
and consuls Temporary appointments to eligible for re-election (Sec. 4,
Art. VII of the 1987 Constitution)
(3) Officers of the armed forces from the executive positions may be
rank of colonel or naval captain allowed, provided that its
(4) Other officers whose appointments are continued vacancy will
vested in him in the Constitution (e.g. prejudice public service or
members of the Constitutional endanger public safety. (Sec. 15,
Commissions3 and members of the Art. VII of the 1987 Constitution)
Judicial and Bar Council4); (Sec. 16, Art.
VII of the 1987 Constitution) ● The President’s power to make
ad-interim appointments shall
● Appointments without need of CA be effective only until
Confirmation: disapproved by the
Commission on Appointments
(1) The Vice-President as a Member of or until the next adjournment
Cabinet (Sec. 3, Art. VII of the 1987 of Congress. (Matibag v. Benipayo,
Constitution) GR No. 149036, April 2, 2002)

● The President’s temporary

designation of officers already

3 Art. IX-B, Sec. 1 (2) of the Constitution; Art. IX-C, Sec. 1(2) of the Constitution; and Art. IX-D, Sec. 1(2) of the Constitution
4 Art. VIII, Sec. 8 (2) of the 1987 Constitution

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(2) All other officers of the government
whose appointments are not otherwise
provided for by law
(3) Those whom he may be authorized by
law to appoint
(4) Other officers lower in rank whose
appointment is vested in the President
in the government service or
any other competent person to
perform functions in the
executive branch may not
exceed one year. (Binamira vs.
Garrucho, GR No. 92008, July 30,
1990)

alone… or in the heads of departments,

agencies, commissions, or boards. (Art.
VIII, Sec. 8 (2) of the 1987 Constitution)

● Appointments requiring prior

nominations/recommendations:

(1) Members of the SC and all lower Courts

(Sec. 9, Art. VIII of the 1987 Constitution)
(2) The Ombudsman and his Deputies (Sec.
9, Art. XI of the 1987 Constitution)
(3) Regional Consultative Commission (Sec.
18, Art. X of the 1987 Constitution)

● Other Appointments:

(1) Ad-Interim Appointments – Presidential

appointments during Congressional
recess (Sec. 16, Art. VII of the 1987
Constitution)
(2) Appointments by Acting Presidents
remain effective, unless revoked by the

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 elected President, within ninety days
from his assumption or re-assumption of
office. (Sec. 14, Art. VII of the 1987
Constitution)
(3) The President may temporarily
designate officers already in the
government service or any other
competent person to perform the
functions of an office in the executive
branch. (Binamira vs. Garrucho, GR No.
92008, July 30, 1990)

5. Power of Removal/Disciplinary
Power ● As in the case of impeachment
of Members of Constitutional
● The President’s disciplinary power flows Commissions and the
from his power to appoint: “The power to Ombudsman, the Constitution
remove is inherent in the power to may prescribe specific methods
appoint.” (Bernas Reviewer, p.306) for the removal of officials
appointed by the President.
(Sec. 2, Art. XI of the 1987
Constitution)

● The President cannot remove

elected local officials as such
power is expressly vested in the
courts. (Sec. 60 of the Local
Government Code of 1991)

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 ● The President’s direct
disciplinary power over
members of the career service
of the Civil Service who are
appointed by him must be for
cause and in accordance with
the procedure prescribed by
law. (Villaluz vs. Zaldivar, GR No. L-
22754, Dec. 31, 1965)

● The President has no

disciplinary authority over the
Ombudsman. Sec. 8(2) of
Republic Act (RA) No. 6770
which granted such authority
over the Deputy Ombudsman
was held to be unconstitutional
for being violative of the office’s
independence. (Gonzales vs.
Office of the President, GR No.
196231 January 28, 2014)

6. Budgetary Power

● The President shall submit to the

Congress, within thirty days from the
opening of every regular session as the
basis of the general appropriations bill, a
budget of expenditures and sources of
financing, including receipts from

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 existing and proposed revenue
measures. (Sec. 22, Art. VII of the 1987
Constitution)

7. Tariff Power

● The Congress may, by law, authorize the

President to fix within specified limits,
and subject to such limitations and
restrictions as it may impose, tariff rates,
import and export quotas, tonnage and
wharfage dues, and other duties or
imposts within the framework of the
national development program of the
Government. (Sec. 29, Art. VI of the 1987
Constitution)

8. Augmentation of Funds
● The President may only
● No law shall be passed authorizing any augment funds from savings
transfer of appropriations; however, the from other items in the
President may, by law, be authorized to appropriation. (Demetria vs. Alba,
augment any item in the general G.R. No. 71977 February 27, 1987)
appropriations law for their respective
offices from savings in other items of
their respective appropriations. (Sec. 25,
Art. VI of the 1987 Constitution)

9. Veto Power

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● Every bill passed by the Congress shall, ● The President’s Veto power
before it becomes a law, be presented to
the President. If he approves the same,
he shall sign it; otherwise, he shall veto it
and return the same with his objections
to the House where it originated. (Sec. 27,
Art. VI of the 1987 Constitution)
● The President shall have the power to
veto any particular item or items in an
appropriation, revenue, or tariff bill. (Sec.
27, Art. VI of the 1987 Constitution)
does not affect the item or
items to which he does not
object. (Sec. 27, Art. VI of the 1987
Constitution)
● Following the President’s veto,
the House where the bill
originated may, upon a two-
thirds vote of all its members,
agree to pass the bill and send
it, together with the objections,
to the other House. The bill
becomes law, regardless of the
President’s veto, if the other
House then approves of the bill
by two-thirds vote of its
members. (Sec. 27, Art. VI of the
1987 Constitution)
● In case of an invalid veto, the
same is treated to be
ineffective, i.e., it is as if the
President did not act on the bill
at all. Thus, the bill becomes
law by executive inaction.
(Bolinao Electronics vs. Valencia, GR
No. L-20740 June 30, 1964)
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10. Emergency Power
● The President’s emergency
● In times of war or other national
emergency, the Congress may, by law,
authorize the President, for a limited
period and subject to such restrictions as
it may prescribe, to exercise powers
necessary and proper to carry out a
declared national policy. (Sec. 23, Art. VI of
the 1987 Constitution)
powers are self-liquidating
unless sooner withdrawn. They
automatically cease upon the
end of the emergency that
justified their delegation. (Sec.
23, Art. VI of the 1987 Constitution)

11. Military Power/Calling Out Power

● The President shall be the Commander-

in-Chief of all armed forces of the
Philippines and whenever it becomes
necessary, he may call out such armed
forces to prevent or suppress lawless
violence, invasion or rebellion. (Sec. 18,
Art. VII of the 1987 Constitution)

12. Declaration of Martial Law and

Suspension of the Privilege of the ● There may only be a
Writ of Habeas Corpus proclamation of martial law
and a suspension of the
● In case of invasion or rebellion, when privilege of the writ of habeas
the public safety requires it, the corpus upon the following
President may suspend the privilege of circumstances: (1) actual
the writ of habeas corpus or place the invasion or rebellion exists and

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 Philippines or any part thereof under
martial law. Upon the President’s
initiative, Congress may extend such
proclamation or suspension if the
invasion or rebellion shall persist and ● The
public safety requires it. (Sec. 18, Art. VII of
the 1987 Constitution)
13. Pardoning Power/Executive
Clemency
● The President may grant reprieves,
commutations, pardons, remission of
fines and forfeitures, after conviction by
final judgment. He shall also have the
power to grant amnesty. (Sec. 19, Art. VII of
the 1987 Constitution)
(2) public safety requires it.
(Sec. 18, Art. VII of the 1987
Constitution)
proclamation or
suspension may be revoked by
majority vote of all members of
Congress, voting jointly, or by
the Supreme Court in an
appropriate proceeding. (Sec. 18,
Art. VII of the 1987 Constitution)
● The proclamation or
suspension may not exceed 60
days, following which it shall
be automatically lifted unless
extended by Congress. (Sec. 18,
Art. VII of the 1987 Constitution)
● The President may not grant
reprieves, commutations,
pardons, and remissions of
fines and forfeiture in cases of
impeachment or when it is
otherwise provided in the
Constitution. (Sec. 19, Art. VII of
the 1987 Constitution)
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 ● Reprieve postpones the execution of an ● The President may only grant
offense to a day certain; commutation reprieves, commutations,
is a remission of a part of the punishment pardons, and remissions of
or a substitution of a lesser penalty for fines and forfeiture after there
the one originally imposed; remission has been conviction by final
of fines and forfeiture merely judgment. Sec. 19, Art. VII of the
prevents the collection of fines or the 1987 Constitution)
confiscation of forfeited property and
does not return property already vested ● The President may only grant
in third parties or money already part of amnesty, including tax
the public treasury; pardon is an act of amnesty, with the concurrence
grace which exempts the individual from of a majority of all Members of
punishment; and amnesty commonly Congress. (Sec. 19, Art. VII of the
denotes the ‘general pardon granted to 1987 Constitution)

rebels for their treason and other

● The President may not grant
political offenses,’ or the forgiveness
pardon, amnesty, parole, or
granted by a sovereign to the subjects of
suspension of sentence for
another, who have offended by some
violation of election laws, rules,
breach of the law of nations. (Bernas
and regulations without the
Reviewer, pp. 315-318)
favorable recommendation of
the Commission on Elections.
(Sec. 5, Art. IX of the 1987
Constitution)

14. Diplomatic Power/ Foreign

Relations Power ● No treaty or international
agreement shall be valid and
● The President may enter into effective unless concurred in by
agreements with foreign-owned at least two-thirds of all the

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 corporations involving either technical members of the Senate. (Sec. 21,
or financial assistance for large-scale Art. VII of the 1987 Constitution)
exploration, development, and
utilization of minerals, petroleum, and
other mineral oils according to the
general terms and conditions provided
by law, based on real contributions to the
economic growth and general welfare of
the country. In such agreements, the
State shall promote the development and
use of local scientific and technical
resources. (Sec. 2, Art. XII of the 1987
Constitution)

● The following are some of the foreign

relations powers of the President:

(1) The power to negotiate treaties and

international agreements;
(2) The power to appoint ambassadors and
other public ministers, and consuls;
(3) The power to receive ambassadors and
other public ministers accredited to the
Philippines; and
(4) The power to deport aliens. (Bernas
Reviewer, p.321)

15. Borrowing Power

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 ● The President may contract or guarantee ● The President’s borrowing
foreign loans on behalf of the Republic of power requires the prior
the Philippines with the prior concurrence of the Monetary
concurrence of the Monetary Board, and Board and is subject to such
subject to such limitations as may be limitations which may be
provided by law. (Sec. 20, Art. VII of the 1987 provided by law. (Sec. 20, Art. VII
Constitution) of the 1987 Constitution)

16. Residual Powers

● To the President, the problem is one of

balancing the general welfare and the
common good against the exercise of
rights of certain individuals. The power
involved is the President's residual
power to protect the general welfare of
the people. It is founded on the duty of
the President, as steward of the people…
It is a power borne by the President's
duty to preserve and defend the
Constitution. It also may be viewed as a
power implicit in the President's duty to
take care that the laws are faithfully
executed.5(Marcos vs. Manglapus, GR No.
88211, September 15, 1989)

17. Other Powers

5Article VII, Section 17 of the Constitution. The President shall have control of all the executive departments, bureaus, and offices. He shall
ensure that the laws shall be faithfully executed.

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 ● The President’s immunity from
● Immunity from suit during his tenure is suit does not extend to
deemed implied in the Constitution. unlawful acts which are not acts
(Bernas Reviewer, p 803) of the State. In such cases, the
President is not considered to
● The Congress shall convene once every have acted as a public official
year on the fourth Monday of July for its and shall stand in the same
regular session, unless a different date is footing as any other trespasser.
fixed by law, and shall continue to be in (Estrada vs. Desierto, GR No.
session for such number of days as it may 146710-15, March 2, 2001)
determine until thirty days before the
opening of its next regular session, ● The privilege of presidential
exclusive of Saturdays, Sundays, and immunity from suit pertains
legal holidays. The President may call a only to the President by virtue
special session at any time. (Sec. 15, Art. VI of his office and may not be
of the 1987 Constitution) invoked by any other person in
the President’s behalf. (Soliven
● The Commission on Elections shall vs. Judge Makasiar, GR No. 8287,
exercise the following powers and November 14, 1988)
functions: (4) Deputize, with the
concurrence of the President, law
enforcement agencies and
instrumentalities of the Government,
including the Armed Forces of the
Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful,
and credible elections. (Sec.2(4), Art. IX-C of
the 1987 Constitution)

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● The President, through his Ordinance
Power, may issue Executive Orders,
Administrative Orders, Proclamations,
Memorandum Orders, Memorandum
Circulars, and General or Special Orders.
(Book III, Title I, Chapter II of the Administrative
Code of 1987)

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