12- Politics and Governance

Group Work

Checks on the power of the President

1. Commission of Appointments can confirm or reject the President’s appointments.

- This serves as a vital tool for accountability check on the President because
appointments to some bodies that perform oversight functions on the Executive needs
the consent from the commission. It is the mandate of the constitution that the
commission’s power to approve or disapprove presidential appointee shall be
discharged with impartiality without partisan consideration and with only impelling
motive which is the harmonious and efficient functioning of the government.

2. Congress can remove the President from office in exceptional circumstances.

- The power of the Congress to impeach the President is one if not the most important
measure to make the President accountable of his actions. The Constitution gives the
House of Representatives the exclusive power to initiate impeachment, and the
Senate the sole power to try and decide such a case.

3. The justices of the Supreme Court can overturn unconstitutional laws that were signed by
the President.

- The independence of the judiciary is a manifestation of the supremacy of the

Constitution. The court are given the power to check the acts of the legislative and
executive branches as mandated by the Constitution, in particular, to preserve the
constitutional rights whether it conforms to the most fundamental law of the land or
not. Such power is the most fundamental protection afforded by the doctrine of
separation of powers. If the act is not in conformity with the constitutional rights, it is
declared null and void making the Supreme Court as the final interpreter of the
Constitution.

4. The people can hold rallies that will express dissent in the President’s actions.

- Rallies and protests serve as a platform for democratic process for the people of this
country, for it is a direct call to our officials when they are ineffective and wrong in
governing a country. It must be noted also that sometimes officials from other
branches of government are allies of the President, there is a great chance that
12- Politics and Governance

although they see something wrong, they will act blind as if nothing had happened.
Protests and rallies are a direct effort of our nation to demand something from our
officials in which they think essential for the nation.

5. The legislative branch has the power to override vetoed bills.

- The power of the legislative branch to override the vetoed bills is a direct check to the
executive’s destructive participation in the law-making process.

6. The Ombudsman

- The three branches of the government are interdependently monitored by the office
of Ombudsman. The Ombudsman is given the mandate to investigate and prosecute
any government official who have used their power and position to commit corruption
or any other type of crimes.

7. Constitution, Congress and Supreme Court can limit the power of the President to impose
Martial Law.

- It is clearly stated on the 1987 Philippine Constitution that Martial Law should only
take in effect for 60 days which prohibits the President to extend it to more days unless
given the chance to extend it through our congress and supreme court. Congress is
also given the power to review and possible revocation of the said measure. In the
case of the Supreme court, they can also review the measure and can possibly nullify
it.

8. Limitations as may be provided by law

- In a case where the President is given the power and mandate just like contracting
foreign loans on behalf of the country. He must first notify the Monetary Board which
was established by law before dealing into an agreement. He must also uphold what
the constitution and the laws of the and direct him to do.
12- Politics and Governance

Sources

Case, W. (2011). Executive accountability in Southeast Asia: The role of legislatures in new
democracies and under electoral authoritarianism.

De Leon, H.S., & De Leon, H.M. Jr. (2011). Textbook on the Philippine Constitution.

Largo, J.S. (2013). The powerful Judiciary and the concept of rule of law in the Philippines:
Correlations, consequences and implications.

Uy, K. L. T. (2010). Prosecuting the president: What is and what can be.