QUESTION 4.

c. Site 3 examples of powers exclusively reserved for the legislative department?

Answer:
1. General Plenary Power (Article VI, Sec. 1)
Legislative power

The power or competence to propose, enact, ordain, amend/alter,

modify, abrogate or repeal laws. It is vested in the Congress which shall
consist of a Senate and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and referendum.

2. Specific power of appropriation [Art. VI, Secs. 25 and 29 (1) & (2)]

Power of appropriation

The spending power, also called the “power of the purse”, belongs
to Congress, subject only to the veto power of the President. It carries with
it the power to specify the project or activity to be funded under the
appropriation law.

[Sec. 29 (1), Art. VI: “No money shall be paid out of the Treasury
except in pursuance of an appropriation made by law.”] In Comelec v.
Judge Quijano-Padilla and Photokina Marketing, G.R. No. 151992,
September 18, 2002, the Supreme Court said that the existence of
appropriations and the availability of funds are indispensable requisites to,
or conditions sine qua non for, the execution of government contracts. The
import of the constitutional requirement for an appropriation is to require
the various agencies to limit their expenditure within the appropriations
made by law for each fiscal year.

3. Power of Legislative Investigation (Art. VI,Sec. 21)

The Senate or the House of Representatives or any of its respective

committees may conduct inquiries in aid of legislation in accordance with
its duly published rules of procedure. The rights of persons appearing in or
affected by such inquiries shall be respected”

The power of Congress to conduct inquiries in aid of legislation

encompasses everything that concerns the administration of existing laws,
as well as proposed or possibly needed statutes. It even extends to
 government agencies created by Congress and officers whose positions
are within the power of Congress to regulate or abolish. Certainly, a mere
provision of law cannot pose a limitation to the broad power of Congress
in the absence of any constitutional basis.

c. Site 3 examples of powers exclusively reserved for judiciary?

1. Judicial Power [Article VIII, Sec. 1 (2)]

The duty of the courts of justice to settle actual controversies involving

rights, which are legally demandable and enforceable and 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.
2. Rule Making Power

Promulgate rules concerning the protection and enforcement of

constitutional rights, pleading, practice and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal assistance
to the underprivileged.

The rules must provide a simplified and inexpensive procedure for the
speedy dispositionof cases; they must be uniform for all courts of the same
grade; and must not diminish, increase or modify substantive rights.

3. Power of Administrative Supervision: The Supreme Court shall have

administrative supervision over all courts and the personnel thereof [Sec. 6, Art.
VIII].
Administrative cases, which the SC may hear en banc, under Bar
Matter No. 209, include:
1. Administrative judges;
2. Disbarment of lawyers;
3. Suspension of more than 1 year; or

4. Fine exceeding Php 10,000. (People v. Gacott, G.R. No. 116049, July 13,
1995)

Administrative jurisdiction over a court employee belongs to the SC,

regardless of whether the offense was committed before or after
employment in the Judiciary. Thus, CSC does not have jurisdiction over an
employee of the judiciary for acts committed while said employee was still
in the executive branch. (Ampong v. CSC, G.R. No. 167916, August 26,
2008)

Administrative proceedings before the Supreme Court are

confidential in nature in order to protect the respondent therein who may
turn out to be innocent of the charges; it can take years to build a
reputation and only a single accusation, although unfounded, to destroy it
[Godinez v. Alano, A.M RTJ-98-1409, February 18, 1999]