Doctrine of Separation of Powers!

I.

II.

III.

IV.

V.
VI.

VII.
VIII.

Definition
A. Each of the 3 great branches of government has exclusive cognizance of
and is supreme in matters falling within its own constitutionally allocated
sphere
B. Legislature = enactment of laws, Executive = enforcement of laws,
Judiciary = application of laws
Purposes
A. Intended to prevent a concentration of authority in one person or group of
persons
B. Justice Laurel: intended to secure action, to forestall over-action, to
prevent despotism and obtain efficiency
C. Interdependence not independence
Blending of Powers
A. Some powers are not confined by the Constitution exclusively within one
department but are in fact assigned to several departments
B. Example: Power of Appointment which can be exercised by all over own
admin personnel
C. Collaboration for the good of the people
D. General Appropriations Law: President Prepares the budget then it is
passed as a bill by the Congress
E. Amnesty: President grants amnesty then it must be approved by majority
of the Congress
F. COMELEC needs the help from the executive agencies during time of
election
Checks and Balances
A. Ends of the government are better achieved through the exercise by its
agencies of only the powers assigned to them subject to reversal in proper
cases by those authorized by the Constitution
B. Example: Veto Power of the President, Congress can refuse to give its
concurrence to a Presidential Amnesty, The President may nullify a
conviction by pardoning the offender, the Judiciary can declare invalid an
act done by the Congress or the President
The Role of the Judiciary
A. Sees to it that the constitutional distribution of powers is respected
B. Upholds the Supremacy of the Constitution
Justiciable and Political Questions
A. Justiciable can be subject of Judicial Review while Political Questions,
technically, cannot be subject to Judicial review (except for Betrayal of
Public Trust)
B. 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
C. Political Questions discretion of another department or especially the
people themselves / connotes a question of policy / questions to be
decided by the people in their sovereign capacity
Application of the Doctrine study the cases.
Political Questions Under the New Constitution

A. Judicial Power now includes the duty to determine whether or not there
has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the
Government Article VIII, Sec. 1.
B. Supreme Court may review the sufficiency of the factual basis of a martial
law proclamation by the president

Doctrine of Delegation of Powers

I.

II.

Delegation of Powers General Rule: Potestas Delegata Non Delegari Potest

what has been delegated cannot be delegated
A. Principle of non-delegation applies to all 3 major powers of the
government
B. Delegation has been more necessary for the legislative power
C. Congress Creating an Administrative Body to promulgate rules and
regulations subject to limitations is an example of delegation (e.g. LTFRB)
Permissible Delegation
A. Tariff Powers
The President is granted stand-by or flexible tariff powers
Article VI, Section 28(2) of the Constitution
Expediency to act immediately on certain matters affecting the
national economy
B. Emergency Powers
The congress may authorize the President to exercise emergency
powers in times of war and other national emergency
During times of war and calamity, it his highly unlikely that the
Congress can form a quorum to do its business
The president becomes a constitutional dictator
Conditions: War or National Emergency, delegation must be for a
limited time only, the delegation must be for a limited period, the
delegation must be subject to strict restrictions prescribed by
congress, the emergency powers must be exercised to carry out
national policy declared by congress
State of emergency does not automatically give the President
emergency powers
C. Delegation to the People
The Government is democratic but is a representative democracy.
The people acts through their representatives.
Referendum method of submitting an important legislative matter to
the direct vote of the whole people / the power of the electorate to
approve or reject a legislation through an election called for that
purpose
Plebiscite decree of the people. Device to obtain a direct popular vote
on a matter of political importance / electoral process by which an
initiative on the Constitution is approved or rejected by the people.
D. Delegation to the Local Government

III.

IV.

Local legislatures are more knowledgable than the national lawmaking

body on matters of purely local concern
Local affairs shall be managed by local authorities

E. Delegation to Administrative Bodies

Power of subordinate legislation is assigned to administrative bodies
because of the proliferation of specialized activities and their attendant
peculiar problems
Given the volume and variety of interactions in todays society, it is
doubtful if the legislature can create laws that will deal with all
adequately
For an administrative regulation to be valid, it must be authorized by
legislature
Tests of Delegation
A. The Completeness Test
The law must be complete in all its essential terms and conditions
when it leaves the legislature so that there will be nothing left for the
delegate to do except enforce it.
B. The Sufficient Standard Test
Delegation must be made subject to a sufficient standard.
Sufficient Standard maps out the boundaries of the delegates
authority by defining the legislative policy and indicating the
circumstances under which it is to be pursued and effected
Prevents total transference of legislative power from the lawmaking
body to the delegate
The Pelaez Case
A. The Completeness and Sufficient Standard Tests should be applied
together or concurrently
B. Pelaez contended that Sec. 68 of the Revised Administrative Code
empowering the President to create, merge, divide, abolish or otherwise
alter the boundaries of municipal corporations is an invalid delegation of
legislative power