Article II, Section 1 of the 1987 Constitution states that “the Philippines is a democratic and republican

state.”

One of the manifestations of republicanism is separation of powers among the three co-equal branches
of government, namely the legislative, executive, and judicial branches.

Former Supreme Court Justice Antonio Nachura explains that the purpose of this separation of powers is
“to prevent concentration of authority in one person or group of persons that might lead to an
irreversible error or abuse in its exercise to the detriment of republican institutions.”

The scope of the political doctrine, has been limited by Article VIII, Section 1 of the Constitution which
vests in the judiciary the power “to determine whether or not there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of government.”

One of the basic corollary in a presidential system of government is the principle of separation of powers
wherein legislation belongs to Congress, execution to the Executive, and settlement of legal
controversies to the Judiciary.

The Legislative branch is authorized to make laws, alter, and repeal them through the power vested in
the Philippine Congress. This institution is divided into the Senate and the House of Representatives.

The Executive branch carries out laws. It is composed of the President and the Vice President who are
elected by direct popular vote and serve a term of six years. The Constitution grants the President
authority to appoint his Cabinet. These departments form a large portion of the country’s bureaucracy.

The Judicial branch evaluates laws. It holds the power to settle controversies involving rights that are
legally demandable and enforceable. This branch determines whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part and instrumentality of the
government. It is made up of a Supreme Court and lower courts.

Each branch of government can change acts of the other branches as follows:

The President can veto laws passed by Congress.

Congress confirms or rejects the President's appointments and can remove the President from office in
exceptional circumstances.

The Justices of the Supreme Court, who can overturn unconstitutional laws, are appointed by the
President and confirmed by the Senate.

The Constitution expressly grants the Supreme Court the power of Judicial Review as the power to
declare a treaty, international or executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance or regulation unconstitutional.
Judicial power includes 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. The judicial branch interprets the meaning of laws, applies laws to
individual cases, and decides if laws violate the Constitution.

The power of the Supreme Court to protect individual rights from Congressional encroachment seems
unquestioned. That surely is its prime function, to ensure that the other branches of government do not
violate the Bill of Rights protecting the people.

One of the key protections of freedom in the Constitution is the structural separation of powers among
the three branches. Congress must pass laws, the president must execute them, and the courts must
interpret those laws. If one branch encroaches on the authority of others, there is a danger that such
encroachment will upset the balance of power between them and increase the possibility of one branch
dominating the others.