Executive Power Limitations by Legislative Limitations by Judiciary Constitutional

Limitation/Imposed by Law
APPOINTING POWER No appointments 2mos before
(In general) the next Presidential election and
up to the end of current
President’s term

Spouse, relatives by
consanguinity or affinity within
the 4th civil degree can’t be
appointed

Extended by an Acting President

unless revoked by elected
President within 90days from his
assumption or re-assumption of
office

1. Appoint officers as Requires confirmation by the Ad Interim appointments are to

mandated by the Commission on Appointments be reviewed during the next
Constitution Congress session; deemed
rejected if not confirmed by the
end of the next Congress session
2. Appointment of SC Can only choose from the list Not considered prohibited
Justices and Judges of provided by the Judicial and Bar appointed if appointed 2mos
lower courts Council before the end of current
president’s term
3. Appoint those not
otherwise provided for
by law

Appoint those authorized

by law

Appoint those officers

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 lower in rank whose
appointments may, by
law, vest in the President
alone
4. Power to Only the supreme court can For those not serving at the
discipline/remove discipline judges and justices pleasure of the President, they
under the judiciary after shall be governed by the Civil
appointment by the President Service Law

Officers who can only be

removed through impeachment
CONTROL AND SUPERVISION Must observe the limits imposed
(In general) by the Constitution and laws
1. Control and supervision Cannot interfere with decisions
over all executive of quasi-judicial bodies, even if
departments, bureaus, they are executive agencies
and offices
2. Supervision over LGUs Does not include power of
control due to local autonomy;
only power of general
supervision over LGUs
3. Power to prosecute
crimes
MILITARY POWERS
1. Command of the Armed
Forces of the Philippines
2. Calling-out Powers It should be necessary to
prevent/suppress lawless
violence, invasion, or rebellion.

President must act within

permissible constitutional
boundaries or in a manner not
constituting grave abuse of
discretion.
3. Suspension of the President shall submit report to Review and possible nullification Time limit: 60 days.
Privilege of the Writ of Congress within 48 hours by the SC.
Habeas Corpus personally or in writing. There must be ACTUAL
Limited to the determination of invasion/rebellion and public
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 Review and possible revocation the President’s sufficient factual safety requires the suspension.
by Congress, within 24 hours, basis.
voting jointly. Applies only to persons
Promulgate decision within 30 JUDICIALLY charged for rebellion
May be extended, in the same days from filing. and offences inherent in or
manner, upon initiative of the directly connected with
President.
Must be charged within 3 days
otherwise, must be released.
4. Declare Martial Law President shall submit report to Review and possible nullification Time limit: 60 days.
Congress within 48 hours by the SC.
personally or in writing. There must be ACTUAL
Limited to the determination of invasion/rebellion and public
Review and possible revocation the President’s sufficient factual safety requires the suspension.
by Congress, within 24 hours, basis.
voting jointly. Does not suspend the operation
Promulgate decision within 30 of the Constitution
May be extended, in the same days from filing.
manner, upon initiative of the Does not supplant the
President. functioning of the civil courts or
legislative assemblies

Does not authorize the

conferment of jurisdiction on
military courts and agencies over
citizens where civil courts are
able to function

Does not automatically suspend

the privilege of the writ of habeas
corpus
CLEMENCY POWERS
1. Grant commutations,
reprieves, and remit fines
and forfeitures
2. Grant pardon (May not be controlled by the (Courts may not inquire into the Cannot be granted in cases of
Congress as to limit its effects, or wisdom or reasonableness of the civil or legislative contempt.
to exclude from its scope any grant, or have it reversed, save
class of offenders) only when it contravenes its Cannot absolve convict of civil
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 limitations) liability.

Cannot be granted in cases of

Can be granted only after impeachment.
conviction by final judgment.
Cannot be granted for violations
of Election laws without
favorable recommendations of
the COMELEC.

Cannot restore public offices

forfeited.
3. Grant amnesty Concurrence of a majority of all May be granted before or after Granted only to classes of
members of Congress conviction. persons/communities who may
be guilty of political offenses.

FOREIGN RELATIONS POWER

1. Enter into treaties and Concurrence of 2/3 of the Senate
international agreements
2. Enter into executive Not contrary to constitution and
agreements prevailing laws
3. Contract or guarantee Congress may provide for Prior concurrence of the
foreign loans limitations monetary board
LEGISLATIVE RELATIONS
1. Delegated legislative
powers:

In times of war or other national Congress must provide a law for Can only exercise power
emergencies the exercise and limitation of the necessary and proper to carry out
powers of the President declared national policy

Impose tariff rates, import and Congress must provide law

export quotas, tonnage and authorizing the President
wharfage dues, and other duties
2. General Appropriations Can request the head of the Content must be related only to
Bill departments to appear and ask appropriations
matters regarding their
department Cannot be adjusted by congress
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 3. Veto power Can be overridden by subsequent Veto shall not affect those item/s
2/3 votes of Congress, voting he does not object
separately
4. Call Congress to a special
session
OTHER POWERS
1. Residual Powers
2. Concur with the Deputization must come from
deputization of COMELEC COMELEC
during election
3. Executive Privilege
Informer’s Privilege

Presidential Communications Congressional investigation in aid Judicial trial in relation to

Privilege (oral) of legislation in relation to criminal action
criminal action

Deliberative Process Privilege Congressional investigation in aid Judicial trial in relation to

(documents) of legislation in relation to criminal action
criminal action

Diplomatic Negotiation Privilege

4. Presidential Immunity Exists only in concurrence with
the president’s incumbency

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