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Separation of Powers
The Philippines is a democratic and republican state.
As a republican state, sovereignty resides in the
People and all government authority emanates from
them (Constitution, Art. III, Sec. 1). A Republican
form of government rests on the conviction that
sovereignty should reside in the people and that all
government authority must emanate from them. It
abhors the concentration of power on one or a few,
cognizant that power, when absolute, can lead to
abuse, but it also shuns a direct and unbridled rule by
the people, a veritable kindling to the passionate fires
of anarchy. Our people have accepted this notion and
decided to delegate the basic state authority to
principally three branches of government the
Executive, the Legislative, and the Judiciary each
branch being supreme in its own sphere but with
constitutional limits and a firm tripod of checks and
balances .
The Judiciary
Judicial power is vested in the Supreme Court and in
such lower courts as may be established by law. The
judiciary has the moderating power to
determine the proper allocation of powers
between the branches of government. When the
judiciary mediates to allocate constitutional
boundaries, it does not assert any superiority over the
other departments; it does not in reality nullify or
invalidate an act of the legislature, but only asserts
the solemn and sacred obligation assigned to it by the
Constitution to determine conflicting claims of
authority under the Constitution and to establish for
the parties in an actual controversy the rights which
that instrument secures and guarantees to them. In
the words of Chief Justice Reynato S. Puno: The
Judiciary may not have the power of the sword, may
not have the power of the purse, but it has the power
to interpret the Constitution, and the unerring lessons
of history tell us that rightly wielded, that power can
make a difference for good.
While Congress has the power to define, prescribe
and apportion the jurisdiction of the various courts,
Congress cannot deprive the Supreme Court of its
jurisdiction provided in the Constitution. No law
shall also be passed reorganizing the judiciary when
it undermines the security of tenure of its members.
The Supreme Court also has administrative
supervision over all courts and the personnel thereof,
having the power to discipline or dismiss judges of
lower courts.
The Supreme Court is composed of a Chief Justice
and fourteen Associate Justices. It may sit en banc or,
in its discretion, in divisions of three, five or seven
members. A member of the Supreme Court must be a
natural-born citizen of the Philippines, at least forty
(40) years of age and must have been for fifteen (15)
years or more a judge of a lower court or engaged in
the pratice of law in the Philippines. Justices hold
office during good behavior until they reach the age
of seventy (70) years or become incapacitated to
discharge the duties of their office.
Sa akin naman.
Executive
Legislative
Who make and pass the law. But before it
became the law. It should be Interpreted.
Also it can repeal the law
Judicial
Di ba sa Theory ni Montesquieu
Executive
Legislative
^_^
Judicial