15/05/2021
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SEPARATION OF POWERS
The separation of powers is a fundamental principle in our system of government. It obtains not through express provision but by actual division in our Constitution, which found in Section 1 of Articles VI, VII, and VIII. Each branches of government exercises powers granted to it by the Constitution and may not control, interfere with or encroach upon the acts done within the constitutional competence of the others.
According to Father Joaquin Bernas, "separation of powers means that legislation belongs to Congress, ex*****on to the executive, settlement of legal controversies to the judiciary.”
The Philippines is a democratic and republican State, with a presidential form of government wherein power is equally divided among its three branches, namely:
(1) LEGISLATIVE DEPARTMENT
Section 1, Article VI of the 1987 Constitution provides that the legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives.
In the case of ABAKADA G**o Partylist vs Purisima, from the moment the law becomes effective, any provision of law that empowers Congress or any of its members to play any role in the implementation or enforcement of the law violates the principle of separation of powers and is thus unconstitutional.
(2) EXECUTIVE DEPARTMENT
Section 1, Article VII of the 1987 Constitution provides that the executive power shall be vested in the President of the Philippines.
The Supreme Court ruled in the case of Judge Dadole v. Commission on Audit, that the President or any of his alter egos seeking to alter the wisdom of a law-conforming judgment on local affairs of a local government unit is a patent nullity, because it violates the principle of local autonomy, as well as the doctrine of separation of powers of the executive and the legislative departments in governing municipal corporations.
(3) JUDICIAL DEPARTMENT
Section 1, Article VIII of the 1987 Constitution provides that the judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.
In the case of Garcia v. Macaraig, the court ruled that the judge in the Court of First Instance shall not be detailed with the Department of Justice to perform administrative functions as this contravenes the doctrine of separation of powers.
EXCEPTIONS TO THE SEPARATION OF POWER:
a. Principle of Blending of Powers - is actually sharing of powers of the different departments of government whereby one department helps and coordinates with the other in the exercise of a particular power, function or responsibility. Example, the President prepares a budget and Congress enacts an appropriation bill pursuant to that budget.
b. Principle of Checks and Balances - this allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments. Example, the lawmaking power of the Congress is checked by the President through its veto power, which in turn maybe overturn by the legislature.
c. Delegation of powers – the rule states that what has been delegated cannot further be delegated “potestas delegata non delegari potest”. However, the Constitution provides exceptions to the rule. Example, under section 23 (2), Article VI of the 1987 Constitution provides the delegation of emergency powers to the President, etc.
