SEPARATION OF POWERS no provisions in the consti

Doctrine of Separation of Powers?

LES

In essence, separation of powers means

- Legislation belongs to Congress (Sec. 1 Art. 6)

Executive Power - Execution to the Executive (Sec. 1 Art. 7)
Judicial Power - Settlements of legal controversies to the judiciary
Legislative Power

( SC and other lower courts) (Sec. 1 Art. 8)

OTHER POWER:

1. CON CON, COA, COMELEC

Each is therefore prevented from invading the domain of the others. (Bernas,
Commentary 656, 2003 ed.)

Division and Assignment. Its starting point is the assumption of

the division of the functions of the government into three distinct
classesthe executive, the legislative and the judicial . Its
essence consists in the assignment of each class of functions to
one of the three organs of government.
Theory - a power definitely assigned by the Constitution to one department
can neither be surrendered nor delegated by that department, nor
vested by statute in another department or agency.
Purpose of SEPARATION OF POWERS? TOOT
To prevent the concentration of authority in one person
Or group of persons that might lead to irreparable error
Or abuse in its exercise
To the detriment of republican institutions.
*** IT IS NOT INDEPENDENCE BUT INTER-DEPENDENCE***
Citing Justice Laurel, the doctrine of separation of powers is

intended to: SFPO

1. To Secure action
2. To Forestall over-action
3. To Prevent despotism
4. To Obtain efficiency

1. Principle of the blending of powers

allowed by Constitution
(Nachura Reviewers in Political Law, 2006 ed., p. 65)-

ABS

This is the instance when powers:

Are not confined exclusively within one department
But are assigned to or
Shared by several departments
( Cruz, Philippine Political Law, 2002 ed., pp. 75-76)

NSI

It is often Necessary for certain powers to be reposed

in more than one department,
So that they may better collaborate with, and
In process check, each other for the public good
Examples of the blending of powers are the following :

PGAC

1. Power of appointment (is a shared power) which can be

exercised by each department and be rightfully exercised by each
department over its own administrative personnel;
2. General Appropriations Law (shared power between president
and Congress) President prepares the budget which serves as the basis
of the bill adopted by Congress;
3. Amnesty granted by the President requires the concurrence of the
majority of all the members of the Congress; and
4.COMELEC does not deputize lawenforcement agencies and
instrumentalities of the government for the purpose of ensuring free,
orderly, honest, peaceful and credible elections alone (consent of the
President is required

Powers vested in the three branches of government -

ELJ

EXECUTIVE

LEGISLATIVE

JUDICIARY

Implementation of laws
Execute, enforce but not
interpret
Power of Sword

Making of laws
But not execute, enforce

Interpretation of laws
But not enact, execute

Power of the Purse

Power
Review

of

Judicial

Executive Check of the other two branches

Note:
Legislative power is given to the Legislature whose members
hold office for a fixed term (Art. VI, Sec.1);
Executive power is given to a separate Executive who holds
office for a fixed term (Art. VII, Sec.1); and

A. EXECUTIVE CHECK
LEGISLATIVE
Through its VETO POWER a bill
passed by Congress

Judicial power is held by an independent Judiciary. (Art. VIII,

Sec.1)
Q: A group of losing litigants in a case decided by the SC filed a complaint
before the Ombudsman charging the Justices with knowingly and
deliberately rendering an unjust decision in utter violation of the penal
laws of the land. Can the Ombudsman validly take cognizance of the case?
A: No. Pursuant to the principle of separation of powers, the correctness of the
decisions of the SC as final arbiter of all justiciable disputes is conclusive upon
all other departments of the government; the Ombudsman has no power to
review the decisions of the SC by entertaining a complaint against the Justices
of the SC for knowingly rendering an unjust decision. (In re: Laureta, G.R. No.
L68635, May 14, 1987)
Q: May the RTC or any court prohibit a committee of the Senate like the
Blue Ribbon Committee from requiring a person to appear before it when it
is conducting investigation in aid of legislation?

ATTE

It Allows one department

To resist encroachments upon its prerogatives or
To rectify mistakes or
Excesses committed by the other departments.

1. Through its POWER OF PARDON; it

may set aside the judgement of the
judiciary DURA LEX SED LEX
2. Also by POWER OF APPOINTMENT
power to appoint members of the
judiciary

Legislature check of the other two branches

B. LEGISLATIVE CHECK
EXECUTIVE
1. Override the veto of the President
AND CORRECT
2. Reject certain appointments made
by the president
3. Revoke the proclamation of martial
law or suspension of the writ of
habeas corpus
4. Impeachment

A: No, because that would be violative of the principle of separation of powers.

The principle essentially means that legislation belongs to Congress, execution
to the Executive and settlement of legal controversies to the Judiciary. Each is
prevented from invading the domain of the others. (Senate Blue Ribbon
Committee v. Majaducon, G.R. No. 136760, July 29, 2003)

2. PRINCIPLE OF CHECKS AND BALANCES:

JUDICIARY

JUDICIARY
Revoke or amend the decisions by
either:
1. Enacting a new law
2. Amending the old law, giving it
certain definition and interpretation
different from the old
3. Impeachment of SC members
4. Define, prescribe, apportion
jurisdiction of lower courts:
a. prescribe the qualifications of
lower courts
b. impeachment
c. determination of salaries of judges

Judiciary check of the other two branches

A. JUDICIAL CHECK
EXECUTIVE

LEGISLATIVE

It may declare ( through the SC as the final arbiter) the acts of both the
legislature and executive as unconstitutional or invalid so long as there is
grave abuse of discretion

ROLE OF THE JUDICIARY

DELEGATION OF POWERS

*** while it is the judiciary which sees to it that the constitutional

distribution of powers among several departments of government
is respected and observed, this does not mean that it is
superior to the other departments.
*** when the SC mediates to allocate constitutional boundaries or
invalidates the acts of coordinate body, WHAT IT IS UPHOLDING
IS NOT ITS OWN SUPREMACY BUT THE SUPREMACY OF
THE CONSTITUTION.

Q. Can a delegated power be re-delegated?

General Rule: No, delegated power constitutes not only a right
but a duty to be performed by the delegate through the
instrumentality of his own judgement and not through the
intervening mind of another.
DOCTRINE OF DELEGATION OF POWERS
is the principle of NON-DELEGATION OF POWERS

o What has been delegated cannot be

delegated

JUSTICIABLE AND POLITICAL QUESTION

A. Justiciable question accdg. to Justice Makasiar in
(Casibong v Aquino)

ILARS

- a purely justiciable question

Implies a given right,
Legally demandable and enforceable,
An act or omission violative of such right, and
a Remedy granted and
Sanctioned by law, for said breach of right
B. Political question connotes what it means in ordinary
parlance, namely a question of policy
- AIC
Are to be decided by the people in their sovereign capacity; or
In regard to which full discretionary authority has been delegated
to the legislative or executive branch of the government

Concerned with issues dependent upon the wisdom, not

legality of a particular measure ( Sanidad v Comelec)
APPLICATION OF THE DOCTRINE

RULE: potestas delegate non delegari potest

Applicable to all the three major powers of the government

o Especially important in the case of the legislative
power because of the many instances when its
delegation is permitted.
Led to the observation that the delegation
of legislative power has become the rule
and its non-delegation the exception.
REASON: is the increasing
complexity of the task of
government and the growing
inability of the legislature to cope
directly with the many problems
demanding its attention.

XPN: PERMISSIBLE DELEGATION

Delegation of legislative powers is permitted in the following
cases: TEPLA
1. Delegation of Tariff Powers to the President
2. Delegation of Emergency Powers to the President
3. Delegation to the People at large
4. Delegation to Local Governments
5. Delegation to Administrative Bodies

1. TARIFF POWERS
- Sec. 28 (2) ART.__ - The Congress may, by law, authorize the President to fix
within specified limits, and subject to such limitations and restrictions as it may
impose, tariff rates, import and export quotas, tonnage and wharfage dues, and
other duties or imposts within the framework of the national development
program of the Government.

*** the reason for this delegation is the necessity, not to say
expediency, of giving the chief executive the AUTHORITY TO ACT
immediately on certain matters affecting the national economy lest
delay result in hardship to the people.
AKBAYAN V AQUINO
- THE SC clarified that the subject of this constitutional provision
is not the power to negotiate treaties and international
agreements, but the power to fix tariff rates, impprt and export
quotas, and other taxes
o Should not be considered as a source of power of
the president to negotiate international trade
agreements

The conditions for the vesture of emergency powers are the

following: TEDD
a. There must be war or other national emergency
b. Emergency powers must be exercised to carry a national
policy declared by Congress
c. the Delegation is for a limited period only
c. Delegation is subject to restrictions as Congress may
prescribe

Distinction between the Presidents authority to

declare a state of national emergency and her
authority to exercise emergency powers?
A: The Presidents authority to:
Declare
a
State
of
National Emergency
Granted
by
the
Constitution, no legitimate
objection can be raised.

2. EMERGENCY POWERS
only during the existence of the emergency;
-self-liquidating unless sooner withdrawn, will automatically
ceased upon the end of the emergency that justified their
delegation
- according to Chief Justice Paras
emergency itself cannot and should not create powers
- Sec. 23 (2) ART. __ In times of war or other national emergency, the Congress
may, by law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper to
carry out a declared national policy. Unless sooner withdrawn by resolution of
the Congress, such powers shall cease upon the next adjournment thereof.

DAVID V ARROYO
- SC held while the President alone can declare a state of national
emergency, he may not invoke this provision to authorize him during

emergency to temporarily take over or direct the operation of any

privately owned public utility or business affected with public
interest without authority from Congress

Exercise
Emergency
Powers
Requires
a
delegation
from Congress.
(David, et al. v. Gloria
MacapagalArroyo, et al.,
G.R. No. 171396, May 3,
2006)

3. DELEGATION TO THE PEOPLE - through initiative and referendum. (Sec. 1, Art. VI, 1987
Constitution)

4. Delegation to Local Governments It is not regarded

as a transfer of general legislative power, but rather as the
grant of authority to prescribe local regulations.
Note: Congress can only delegate, usually to
administrative agencies, RuleMaking Power.
5. Delegation to Administrative bodies also known as
power of subordinate legislation.
Note: This refers to the authority vested by Congress to the
administrative bodies to fill in the details which Congress cannot
provide due to lack of opportunity or competence. Such includes the
making of supplementary rules and regulations. Such have the force
and effect of law.

Two tests of valid delegation

1. Completeness Test law must be complete in all essential
terms and conditions when it leaves the legislature so that there
will be nothing left for the delegate to do when it reaches him
except to enforce it.
- United States v. Ang Tang Ho
2. Sufficient Standard Test if law does not spell out in detail the
limits of the delegates authority, it may be sustained if delegation
is made subject to a sufficient standard.
To be sufficient, the standard must: SAI
- Specify the limits of the delegates authority
- Announce the legislative policy
- Identify the conditions under which it is to be implemented
- Ynot v. Intermediate Appellate Court
Note:
SUFFICIENT STANDARD maps out the boundaries of the
delegates authority and indicating the circumstances under
which it is to be pursued and effected
***purpose: TO prevent total transference of legislative
poweR. ***