In the Philippine republican system, the President serves as both the Head of State and the Head of Government. Under Article VII of the 1987 Constitution, the executive power is vested solely in the President. However, mindful of the country’s history with authoritarianism, the framers of the 1987 Constitution designed a system of "heavily guarded" executive power. These limitations ensure that the President remains a servant of the law rather than its master.
1. Tenure and Qualification Limits
The first line of defense against executive overreach is the restriction on the duration of power.
- Term Limit: Under Section 4, Article VII, the President is elected by direct vote for a single term of six years.
- No Re-election: The President is explicitly prohibited from any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.
- Age and Residency: Qualifications (natural-born citizen, 40 years of age, 10-year residency) act as fundamental thresholds for entry into the office.
2. Limits on the Commander-in-Chief Powers
While the President is the Commander-in-Chief of all armed forces, the power to declare Martial Law or suspend the privilege of the writ of habeas corpus is no longer absolute.
Substantive Requirements
The President can only exercise these powers in cases of invasion or rebellion, when the public safety requires it.
Procedural Safeguards (The "Check and Balance" Trio)
- Congressional Review: The President must submit a report to Congress within 48 hours of the proclamation. Congress, voting jointly, can revoke the proclamation, and the President cannot set aside such revocation.
- Time Limit: The proclamation is limited to a period of 60 days unless extended by Congress.
- Judicial Review: The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation. The Court must promulgate its decision within 30 days.
Note: Martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies.
3. The Power of Appointment and the "Bypass"
The President appoints heads of executive departments, ambassadors, and high-ranking military officers. However, this is limited by:
- Commission on Appointments (CA): Certain "first-level" appointments require the consent of the CA, a body composed of members of the House and Senate.
- Midnight Appointments: Under Section 15, Article VII, two months immediately before the next presidential elections and up to the end of their term, a President shall not make appointments, except temporary appointments to executive positions when continued vacancies will prejudice public service or endanger public safety.
- Nepotism: The President cannot appoint their spouse or relatives within the fourth civil degree of consanguinity or affinity to certain constitutional offices.
4. Fiscal and Budgetary Limits
While the President submits the National Expenditure Program, the "power of the purse" belongs to Congress.
- No Transfer of Appropriations: The Constitution prohibits the transfer of appropriations. However, the President, among other heads of branches, may be authorized by law to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.
- Item Veto Power: While the President has the power to veto specific items in an appropriation, revenue, or tariff bill, this power is checked by the ability of Congress to override the veto by a two-thirds vote of all its members.
5. Judicial and Legislative Oversight
The President is subject to the jurisdiction of the other two branches in specific ways:
- The Power of Control vs. Supervision: The President has the power of control over all executive departments, bureaus, and offices. However, over Local Government Units (LGUs), the President exercises only general supervision as provided by law, ensuring they act within the scope of their prescribed powers.
- Pardoning Power: The President can grant reprieves, commutations, and pardons after conviction by final judgment. However, in cases of impeachment, the pardoning power cannot be exercised. In cases of violations of election laws, the favorable recommendation of the Commission on Elections (COMELEC) is required.
- Contracting Foreign Loans: The President may contract or guarantee foreign loans on behalf of the Republic, but only with the prior concurrence of the Monetary Board and subject to such limitations as may be provided by law.
6. Accountability: Impeachment
The ultimate constitutional limit is the removal of the President from office. Under Article XI, the President may be removed through impeachment for:
- Culpable violation of the Constitution
- Treason
- Bribery
- Graft and Corruption
- Other High Crimes
- Betrayal of Public Trust
The House of Representatives has the exclusive power to initiate impeachment, while the Senate has the sole power to try and decide such cases.
7. Immunity and its Limits
While the President enjoys privilege of immunity from suit during their tenure (to ensure the exercise of duties without distraction), this immunity is not permanent. It only lasts for the duration of the term. Once the President leaves office—whether through expiration of term, resignation, or removal—they can be held liable for criminal or civil acts committed during or before their presidency.
Summary Table of Presidential Limitations
| Category | Key Limitation |
|---|---|
| Term | Single 6-year term; no re-election. |
| Military | 60-day limit on Martial Law; Congressional revocation; Supreme Court review. |
| Appointments | No "Midnight Appointments"; CA confirmation required for top posts. |
| Fiscal | No arbitrary transfer of funds; Item veto subject to override. |
| Diplomatic | Foreign loans require Monetary Board concurrence; Treaties require 2/3 Senate concurrence. |
| Legal | Subject to Impeachment; No immunity after the term ends. |