The President and the Judiciary: Powers, Limits and Key Numbers

The 1987 Constitution was written after years of martial law, so it gives the President real powers but surrounds them with checks. It also protects the independence of the courts. Civil Service Exam questions on Articles VII and VIII usually test one of two things: what the President can do alone, and which other body must agree. This guide organises both.

The President at a glance

• Qualifications: natural-born citizen, registered voter, able to read and write, at least 40 years old, resident of the Philippines for at least 10 years before the election.
• Term: six years, beginning at noon on 30 June after the election. The President is not eligible for any re-election.
• The Vice-President has the same qualifications and term and may serve no more than two successive terms. The Vice-President may be appointed to the Cabinet without confirmation.

Powers the President exercises

Control of the executive branch

The President has control of all executive departments, bureaus and offices and must ensure that laws are faithfully executed (Article VII, Section 17). Over local governments, however, the President has only general supervision (Article X): making sure they act within the law, not replacing their judgement.

Commander-in-chief

The President may call out the armed forces to prevent or suppress lawless violence, invasion or rebellion. Martial law and suspension of the writ of habeas corpus are tightly limited:

• only in case of invasion or rebellion, when public safety requires it;
• for not more than 60 days;
• with a report to Congress within 48 hours;
• Congress may revoke it by a majority of all its members voting jointly;
• the Supreme Court must rule on a challenge within 30 days.

Martial law does not suspend the Constitution, nor replace the civil courts or legislatures (Section 18).

Pardons and amnesty

• Pardons, reprieves and commutations: the President may grant them after conviction by final judgement, but not in impeachment cases.
• Amnesty: requires the concurrence of a majority of all the members of Congress.

Treaties

A treaty or international agreement is valid only with the concurrence of at least two-thirds of all the members of the Senate (Section 21).

Budget and SONA

• The President submits the budget within 30 days from the opening of the regular session (Section 22).
• The President delivers the State of the Nation Address at the opening of the regular session on the fourth Monday of July (Section 23).

Appointments

Heads of executive departments, ambassadors, officers of the armed forces from the rank of colonel or naval captain, and others named in the Constitution are appointed with the consent of the Commission on Appointments (Section 16).

Who must agree? A quick table

Presidential act	Who must concur
Major appointments	Commission on Appointments
Amnesty	Majority of all members of Congress
Treaties	Two-thirds of all senators
Extending martial law	Congress, at the President’s initiative
Appointing justices and judges	No confirmation, but must choose from the Judicial and Bar Council list

Succession

If the President dies, is permanently disabled, removed or resigns, the Vice-President becomes President. If both offices are vacant, the Senate President, or if he too is unable, the Speaker of the House, acts as President until a President or Vice-President is elected and qualified (Section 8).

The Judiciary

Structure and independence

• The Supreme Court has a Chief Justice and 14 Associate Justices.
• It enjoys fiscal autonomy: its budget may not be reduced below the previous year’s, and approved funds are released automatically (Article VIII, Section 3).
• Justices and judges hold office during good behaviour until age 70.

Appointments through the Judicial and Bar Council

The President appoints justices and judges from a list of at least three nominees prepared by the Judicial and Bar Council (JBC) for every vacancy. These appointments need no confirmation. The JBC is chaired by the Chief Justice, with the Secretary of Justice and a representative of Congress as ex officio members, plus representatives of the Integrated Bar, a law professor, a retired Supreme Court member and the private sector.

A vacancy in the Supreme Court must be filled within 90 days.

Qualifications of Supreme Court members

Natural-born citizen, at least 40 years old, and for 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines, of proven competence, integrity, probity and independence.

Deadlines for deciding cases

From the date of submission: 24 months for the Supreme Court, 12 months for lower collegiate courts and 3 months for other lower courts (Section 15).

Judicial review

The courts may declare laws and government acts unconstitutional. Cases involving the constitutionality of a treaty, international agreement or law are heard by the Supreme Court en banc. Article VIII, Section 1 also expressly lets courts determine whether any branch committed grave abuse of discretion.

Memory aids

• President: 40 years old, 10 years’ residence, 6-year single term, 30 days to act on bills and to submit the budget.
• Supreme Court: 15 members, 40 years old, 15 years of practice, retire at 70, decide within 24 months, vacancies filled within 90 days.
• Concurrence: appointments by the CA, amnesty by a Congress majority, treaties by two-thirds of the Senate.

Practise with our executive and judiciary questions, then review how a bill becomes law for the legislative side.