SEPARATION OF POWERS AND CHECKS AND BALANCES

General Concept System of Checks and Balances

Q: What is the Doctrine of Separation of Powers?
A: In essence, separation of powers means the legislation
belongs to Congress, execution to the executive, settlement
of legal controversies to the judiciary. Each is therefore
prevented from invading the domain of the others.
Q: What is the principle of Checks and Balances?
A: It allows one department to resist encroachments upon
its prerogatives or to rectify mistakes or excesses
committed by the other departments.

Q: How does the Executive Check the other two

Purpose branches?
Q: What is the purpose of separation of powers?
A: 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. The purpose was not to avoid friction, but, by
means of the inevitable friction incident to the distribution
of governmental powers among the three departments, to
save the people from autocracy.
1. To secure action
2. To forestall over‐action
3. To prevent despotism
4. To obtain efficiency

Formulation of Separation of Powers

Q: What are the powers vested in the three branches of
government? Q: How does Legislature check 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 judicial power is
held by an independent Judiciary. (Art. VIII, Sec.1)

Commingling and Blending of Powers

Q: What is the principle of Blending of Powers?

A: It is an instance when powers are not confined

exclusively within one department but are assigned to or
shared by several departments.
Examples of the blending of powers are the following:
1. Power of appointment which can be exercised by each
department and be rightfully exercised by each
department over its own administrative personnel;
2. General Appropriations Law – 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 law‐enforcement 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)
 Q: How does the Judiciary check the other two branches?
Note: Often times, due to the principle of separation of
powers, the Supreme Court refuses to pass upon the
constitutionality of the laws so long as it can use other
basis for deciding the case.
The legislature cannot, upon passing a law which
violates a constitutional provision, validate it so as to
prevent an attack thereon in the courts, by a declaration
that it shall be so construed as not to violate the
constitutional inhibition (Endencia v. David, G.R. No. L‐
6355‐56 Aug. 31, 1953). The right and responsibility to
investigate and suspend a public official rests solely in the
executive department; the legislature cannot delegate a
power/duty to the SC to investigate the conduct and
behavior of executive officials otherwise, it would be
unconstitutional as per violation of the doctrine of
separation of powers. (Noblejas v. Teehankee, G.R. No. L‐
28790, Apr. 29, 1968)
The first and safest criterion to determine whether a
given power has been validly exercised by a particular
department is whether or not the power has been
constitutionally conferred upon the department claiming
its exercise. However, even in the absence of express
conferment, the exercise of the power may be justified
under the Doctrine of Necessary Implication ‐ the grant of
express power carried with it all other powers that may be
reasonably inferred from it.
Q: Can a delegated power be re‐delegated?
A:
GR: No. Delegated power constitutes not only a right but a
duty to be performed by the delegate through the
instrumentality of his own judgment and not through the
intervening mind of another.
XPN: Permissible delegations:
1. Delegation to the People through initiative and
referendum. (Sec. 1, Art. VI, 1987 Constitution)
2. Emergency powers delegated by Congress to the
President. (Sec. 23, Art. VI)
The conditions for the vesture of emergency powers are
the following:
a. There must be war or other national emergency
b. The delegation is for a limited period only
c. Delegation is subject to restrictions as Congress
may prescribe
d. Emergency powers must be exercised to carry a
national policy declared by Congress
3. Congress may delegate Tariff powers to the President.
(Sec. 28 (2), Art. VI)
Note: The Tariff and Customs Code is the enabling law
that grants such powers to the president.
The power to impose tariffs in the first place is not inherent
in the President but arises only from congressional grant.
Thus, it is the prerogative of Congress to impose limitations
and restrictions on such powers which do not normally
belong to the executive in the first place. (Southern Cross
Cement Corporation v. Philippine Cement Manufacturing
Corp., G.R. No. 158540, Aug. 3, 2005)
4. 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.
5. 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, Rule‐Making Power.
Q: What are the two tests of valid delegation?
A:
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.
2. Sufficient Standard Test‐ if law does not spell out in detail
the limits of the delegate’s authority, it may be sustained if
delegation is made subject to a sufficient standard.
Note: SUFFICIENT STANDARD – maps out the boundaries of
the delegate’s authority and indicating the circumstances
under which it is to be pursued and effected (purpose:
prevent total transference of legislative power).
Note: INVALID DELEGATION OF LEGISLATIVE POWER–If
there are gaps that will prevent its enforcement, delegate is
given the opportunity to step into the shoes of the
legislature and exercise discretion in order to repair the
omissions.
Political Question Doctrine
Q: Distinguish justiciable questions from political questions.