Limitations of The

Executive Power
‘The executive’
Princess Loraine Ayas
 administrative code of 1987
The ouster of Marcos through the People Power uprising in 1986 led to a
new government under Cory Aquino whose very first action was to
abolish the 1973 Constitution, and replaced it with the 1987 Constitution
a year later (through Proclamation No. 3, abolished the 1973
Constitution and put in place a Provisional “Freedom” Constitution). The
1987 Constitution added new provisions that would define clearly the
boundaries of powers of the three branches of government
particularly that of the executive.
Ferdinand “Bongbong” Marcos jr
17th President of the philippines
 Executive order no.292, s. 1987
administrative code of 1987

The President of the Philippines is elected by direct vote of the

people, and has a term of six years with no provision for
reelection.
 Executive order no.292, s. 1987
administrative code of 1987

4. Powers of eminent domain, escheat, land reservation and recovery of ill-gotten

wealth
The President of the Philippines has the authority to exercise the power of eminent
domain. The power of eminent domains means the state has the power to seize or
authorize the seizure of private property for public use with just compensation. There are
two constitutional provisions, however, that limit the exercise of such power: Article III,
Section 9 (1) of the Constitution provides that no person shall be deprived of his/her life,
liberty, or property without due process of law. Furthermore, Article III, Section 9 (2),
provides that private property shall not be taken for public use without just compensation.
 Executive order no.292, s. 1987
administrative code of 1987

5. Power of Appointment
The President may appoint officials of the Philippine government as
provided by the constitution and laws of the Philippines. Some of these
appointments, however, may need the approval of the Committee on
Appointments (a committee composed of members from the House of
Representatives and the Senate of the Philippines).
 Executive order no.292, s. 1987
administrative code of 1987

According to the Article 7, Section 16, the President may appoint

anyone to executive departments with the consent of the Commission
on Appointments. Names of individuals nominated to cabinet posts are
submitted to the Commission on Appointments for their consideration. An
individual may not assume his post in a given department unless confirmed
by the Commission on Appointments.
 Executive order no.292, s. 1987
administrative code of 1987

The following are officers whose appointments requires the consent of the
Commission on Appointments:
Heads of the executive departments, ambassadors, other public ministers and
consuls, or officers of the armed forces from the rank of colonel or naval captain
(Art VI, Sec 16);
Regular members of the Judicial and Bar Council (Art VI, Sec 8(2)) whose
principal function is to recommend appointees to the judiciary (Art VI, Sec 8(5));
Chairs and Commisioners of the Civil Service Commission (Art IXB, Sec 1(2));
Commission on Elections (Art IXC, Sec 1(2)); and Commission on Audit (Art IXD,
Sec 1(2)).
 Executive order no.292, s. 1987
administrative code of 1987

As a chief administrator, the president appoints individuals to key

governmental positions (Art VII, Sec 16). And those are:

The members of the Supreme Court and judges of lower courts (Art
VIII, Sec 9), and the Ombudsman and his Deputies (Art XI, Sec 9) are
appointed by the President but their appointments do not need the
confirmation from the Commission on Appointments.
 Sara Duterte-carpio
15th Vice President of the philippines
 Executive order no.292, s. 1987
administrative code of 1987

The Vice President of the Philippines is elected by direct vote

by the people for a term of six years, and may run for
reelection once.
 Executive order no.292, s. 1987
administrative code of 1987

As a chief diplomat, the president is in charge of the country’s foreign

relations. The president has the authority to receive foreign
diplomatic agents, appoint and send out the state’s diplomatic
agents, enter into, negotiate, and sign treaties and international
agreements. Some of these official functions however are subject to
congressional oversight. As mentioned already, the appointment of
ambassadors, other public ministers, and consuls is subject tp the
confirmation of the Commission on Appointments.
 Executive order no.292, s. 1987
administrative code of 1987

SECTION 15. Inhibitions Against Executive Officials.—The President, Vice-

President, the Members of the Cabinet, and their deputies or assistants shall
not, unless otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said tenure, directly
or indirectly practice any other profession, participate in any business, or
be financially interested in any contract with, or in any franchise, or
special privilege granted by the Government or any subdivision, agency,
or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflicts of
interest in the conduct of their office.
 Executive order no.292, s. 1987
administrative code of 1987

1. Any other office or employment during his tenure;

2. Practice any profession, directly or indirectly during their tenure;
3. Participate in any business;
4. Be financially interested in any contract or any franchise or special privilege granted
by the government-owned and controlled corporations or their subsidiaries;
5. Avoid conflict of interest in the conduct of office;
6. Shall not grant loans, guarantees, or other forms of financial accommodation for
any business purpose directly or indirectly for any government-owned establishment
or which they have controlling interest during his tenure.
7. Shall not receive any other compensation from the government or any other source
during his tenure.
I am A former president, Then what?
Republic Act no. 5059 and republic act no. 2087
Thank you, Any
Questions?