Presidential Powers: Executive Authority, Emergency Decrees, and Referendums

Posted on Aug 7, 2025 in Law & Jurisprudence

Powers of the President

Key Provisions for State Officials

Remuneration of Ministers of State

Ministers of State receive remuneration for all assignments corresponding to their office. They lose their paid public function when they take on teaching positions or similar functions or commissions in higher, secondary, or special education (Art. 30, inc. 5).

Categories of Presidential Powers

  • Governmental Powers
  • Legislative Powers
  • Judicial Powers
  • Administrative Powers

Governmental Powers

Functions Relating to International Relations

  1. Represents the nation internally and externally.
  2. Conducts international relations with foreign powers and international organizations (Art. 32, No. 15). This includes recognizing states and governments, and breaking or suspending diplomatic relations.
  3. Appoints ambassadors, ministers, diplomats, and representatives to international organizations (Art. 32, No. 8).
  4. Conducts negotiations, concludes, signs, and ratifies treaties deemed appropriate for the country’s interests, subject to congressional approval.
  5. May declare war, subject to authorization by law, after consulting the National Security Council (Art. 32, No. 19).

Historical Anecdote: Act No. 8109 of April 13, 1945, granted permission to the President of the Republic to declare war on Japan, which was done that day by Supreme Decree.

Provisions for States of Exception

  1. With the consent of Congress, declares a state of alert in case of foreign war, and a state of siege in case of internal war or serious internal unrest (Art. 40, inc. 1).
  2. Declares a state of emergency in the event of a public disaster, identifying the affected area (Art. 41, inc. 1).
  3. Declares a state of emergency in case of serious public disorder or grave damage to national security, identifying the areas affected by such circumstances (Art. 42, inc. 1).

Constitutional Economic Emergency Act

The President of the Republic, with the signature of all Ministers of State, may order payments not authorized by law (Art. 32, No. 20).

Decree of Economic Emergency (DCEE)

Requirements: Issued by the President, signed by all Ministers of State. This is an exception to Art. 35.

Purpose: To order payment of expenses not authorized by law, dictated to meet urgent needs in the following cases:

  • Public calamity
  • External aggression
  • Internal commotion
  • Exhaustion of resources to maintain services that cannot be paralyzed without serious detriment to the country
  • Grave danger or damage to national security
Limits of the Economic Emergency Decree
  • Annually, may not exceed two percent (2%) of the expenses authorized by the Finance Act.
  • May not hire employees under this Act.
Responsibilities under the Economic Emergency Decree

Ministers of State and officials who authorize or implement expenses in contravention of the provisions for the Economic Emergency Decree are jointly and personally liable for their reinstatement, and are guilty of misappropriation of public funds (civil and criminal liability).

Power to Call a Plebiscite (Constituent Referendum)

Two Situations

Art. 128, inc. 2: If the President of the Republic completely rejects a reform bill passed by both Houses, and they insist on it entirely by two-thirds of the present members of each House, the President must enact the draft, unless a plebiscite is requested by the citizenry.

Art. 128, inc. 3 & 4: If the President observes part of a reform project passed by both Houses, the observations shall be approved with a vote of three-fifths or two-thirds of the present members of each House, as appropriate, in accordance with the preceding article, and returned to the President for promulgation. If the chambers do not approve all or some of the President’s observations, there will be no constitutional reform on the points in dispute, unless both chambers insist on the project approved by them with two-thirds of their members in office. In the latter case, the project insisted upon by the chambers is returned to the President for enactment, unless the citizens request a ruling by a plebiscite on the issues in dispute.