SEPARATION OF POWERS  Purpose: the ends of the government

is better achieved through the

 The three branches must discharge
exercise by its agencies of only the
their respective functions within the
powers assigned to them.
limits conferred by the Constitution.
 Lawmaking power of Congress = veto
They may do so without the
power of the President = overridden
interference of other branches.
by the legislature
 Each of the three branches has
 Amnesty by the president may be
exclusive cognizance and is supreme
refused by the Congress
in matters falling within its own
 President may nullify a conviction in a
constitutionally allocated sphere.
criminal case by pardon
Purposes:
ROLE OF THE JUDICIARY
 Intended to prevent the
 To see to it that the constitutional
concentration of authority in one
distribution of powers among the
person or group of persons that
several departments of the
might lead to an irreversible error
government is respected and
or abuse in its exercise to the
observed.
detriment of republican
 The test of determining either
institution.
valid exercise of power is whether
 The legislature is generally to the
it has been constitutionally
enactment of the laws, executive
conferred upon the department
to the enforcement, and judiciary
claiming its exercise.
for the enactment or application.
 Doctrines of implication: the grant
None of these branches should
of an express power carries with
overstep the constitutional
all other powers that may be
boundary set forth in the
reasonably inferred from it.
Constitution.
JUSTICIABLE AND POLITICAL QUESTION
BLENDING OF POWERS
 Justiciable question – questions of
 These are the instances under the
legality; legally demandable and
constitution wherein some of the
enforceable/
powers are not exclusively confined
 Political question – question on
within one department but are in fact
wisdom, efficacy or practicability of
assigned or shared by several
law.
departments.
 Purpose: departments may better POLITICAL QUESTION UNDER THE NEW
collaborate and check each other in CONSTITUTION
the process for public good.
 …is not only on the legality of the law
 Enactment of general appropriation
but whether or not there has been a
law: Congress and the President.
grave abuse of discretion amounting
CHECKS AND BALANCES to lack or excess of jurisdiction on the
part of any branch or instrumentality
 it is a corollary system wherein one
of the government.
department id allowed to resist
encroachments upon its prerogatives
or to rectify mistakes or excess
committed by the other departments.
DELEGATION OF POWERS 3. The delegation must be
subject to such
 Principle of non-delegation of powers
restrictions as the
– potestas delgata non delegari
Congress may prescribe
potest – what has been delegated
4. The emergency powers
cannot be delegated.
must be exercised to
 Such delegated power does not only
carry out national policy
constitute a right but a duty to be
declared by the Congress.
performed by the delegate through
the instrumentality of his own
3. DELEGATION TO THE PEOPLE AT
judgment and not through the
LARGE
intervening mind of another.
 Except in those cases where
the people expressly reserved
to themselves a power of
LEGISLATIVE DELEGATION decision, they could no longer
 Delegation is the rule while non- exercised the power of the
delegation became an exception. legislation as they have
 Reason: The increasing complexity of voluntarily surrendered it to
the task of government and the the Congress. Referendum
growing inability of the legislature to and plebiscite are those
cope directly with the many problems legislative powers left in the
demanding its attention. discretion of the people.
 Creates administrative body for this
matter. 4. DELEGATION TO LOCAL
GOVERNMENTS
 Local legislators are more
PERMISSIBLE DELGATION knowledgeable of the matters
concerning their local
1. DELEGATION OF POWERS TO THE jurisdiction which puts them
PRESIDENT in a better position to enact
 The legislative process is too the necessary and
much cumbersome for the appropriate legislation.
speedy solution of some
economic problems, 5. DELEGATION TO ADMINISTRATIVE
especially relating to foreign BODIES
trade.  Administrative bodies are
2. DELEGATION OF THE EMERGENCY principal agencies tasked to
POWERS TO THE PRESIDENT execute laws in their
 The congress may authorize specialized fields. They may
the President to exercise implement the broad policies
emergency powers. He will be laid down in a statute to fill in
a constitutional dictator the details which the
under the following Congress may not have the
conditions; opportunity or competence to
1. There must be war or provide.
other national emergency  Supplementary Regulations –
2. The delegation must be such as implementing rules.
for a limited period only
  Contingent Regulations –
determine some fact or state
of things upon which the
enforcement of law depends.
 REQUISITE FOR A VALID
EXERCISE OF
ADMINISTRATIVE
REGULATION:
1. It must be within the
scope of the authority
given by the
legislature
2. It must be
promulgated in
accordance with the
prescribed procedure
3. It must be reasonable

TEST OF DELEGATION

1. The Completeness Test

 The law must be
complete in all its
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 enforce it.

2. The Sufficient Standard Test

 It must be subject to sufficient
standard intended to map out
the boundaries of the
delegate’s authority by
defining the legislative policy
and indicating the
circumstances under which it
is to be pursued and effected.

PELAEZ CASE

 Completeness test and sufficient

standard test must be applied
altogether or concurrently.
INHERENT POWERS OF THE STATE

A. Power of Eminent Domain

B. Police Power
C. Power of Taxation

Similarities:

1. They all rest upon necessity because there can be no effective government without
them
2. They are inherent in sovereignty; they can be exercised even without being expressly
granted in the Constitution
3. They are ways by which state interferes with private rights and property
4. They are legislative in character
5. They all presuppose an equivalent compensation

Distinctions:

Taxation Police Power Eminent Domain

As to authority May be granted to

which exercises Government public service
the power companies
As to purpose The property is taken The property is taken or For public use
for the support of the destroyed for the
government purpose of promoting
the general welfare
As to effect The money contributed there is a restraint in There is a transfer of
becomes part of public the injurious use of the right to property
funds property whether it be
ownership or a lesser
right
As to persons Operate upon a community or a class of individuals Operate on an
affected individual as the
owner of a property
As to benefits the equivalent of the tax the compensation of Just compensation for
received in the form of benefits the individual is not the property
and protection he immediate and usually expropriated
receives from the gov’t annoyance and financial
loss are caused to him
leaving the reward to
be reaped through his
altruistic recognition
that the restraint is for
the public good
A. EMINENT DOMAIN

 it is the right or power of the State or those whom the power has been lawfully delegated to
take private property for public use upon paying to the owner just compensation to be
ascertained according to law.

CONDITIONS FOR OR LIMITATIONS:

1) Existence of Public Use – whatever is beneficially employed for the community

2) Payment of just compensation – based on the fair market value
3) Observance of due process of law in the taking – procedural due process requires
that that the owner shall have due notice and hearing in the expropriation
proceedings

MEANING OF “TAKING”

1) Actual or physical seizure not essential – not simply to actual physical seizure but also to its
destruction or impairment, or to limitation of its usual and necessary employment or use by
its owner, not as a consequence of police power.
2) The “taking” must be direct – it must not be incidental to the exercise of governmental
power.

B. POLICE POWER

 The power of the State to enact such laws or regulations in relation to persons and property
as may promote public health, public morals, public safety, and the general welfare and
convenience of the people.

BASIS OF POLICE POWER

 Salus populi suprema est lex -the welfare of the people is the supreme law
 Sic utere tuo ut alienum non laedas – so you use your own property so as not to injure
another’s property
 Every citizen of every country must bear certain burdens imposed for the common good of
all.

ILLUSTRATIONS

1) Public Health – maternity leave, regulating medical profession, limiting working hours to 8
2) Public Morals – punishing vagrancy and prostitution, prohibiting gambling, punishing usury
3) Public Safety – requiring a license for the right to drive motor vehicles, compulsory military
service
4) General welfare and convenience – requiring compulsory registration of lands, authorizing
the removal of billboards offensive to sight

D. TAXATION
 The power of the State to impose charge or burden upon persons, property, or
property rights, for the use and support of the government and to enable it to
discharge its appropriate functions.

THEORY AND BASIS OF TAXATION

 The government cannot exist without the means to pay hence it has the right to
compel its citizens and property to contribute within its limit
 Reciprocal duties for protection and support.
 Necessary to enable the State to exercise its police power to promote the general
welfare

TAXES – the imposed proportional contributions from persons and property levied by the
lawmaking body of the State by virtue of its sovereignty for the support of the government
and all public needs.

 The financial burdens or charges imposed by the government upon persons or

property to raise revenue for public purpose.
 ARTICLE VI – LEGISLATIVE DEPARTMENT

Sec 1. The legislative power shall be vested in the Congress of the Philippines 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.

 Legislative power – the authority under the constitution to make, alter, and repeal
laws.
 Bicameral Legislature: Senate and the House of Representatives.

CLASSIFICATION OF POWERS:

1. General Legislative Power – it is the power to enact laws intended as rules of conduct to
govern the relations among individuals or between the individuals and the State.
2. Specific Powers – these are the powers vested by the Constitution which expressly directs or
authorizes the Congress to exercise certain power like the power to confirm appointment by
the President or to choose who will be the President in case of tie.
3. Implied Powers – essential or necessary for the effective exercise of the powers expressly
granted, such as the power to investigate in aid of legislation, to punish for contempt and
determine the rules of its proceedings.
4. Inherent Powers – it is exercised by every government because it is an attribute of
sovereignty.

PRINCIPLE OF SEPARATION OF POWERS

1. Checks by the President

2. Checks by the Legislative
3. Checks by the Congress

A. SENATE

 Composed of 24 senators.
 Election – 2nd Monday of May.
 6 years term of office, which shall commence at noon on the 30th day of June next
following their election.
 Maximum of two consecutive terms but can run again after a break or interval.
 Voluntary renunciation is not an interruption.

QUALIFICATIONS FOR SENATOR

1. Natural born citizen

2. At least 35 years of age [on the day of the election]
3. Able to read and write
4. A registered voter
5. A resident of the Philippines for not less than 2 years immediately preceding the election
B. HOUSE OF REPRESENTATIVES

 Composition and Selection: not more than 250 members.

o They are elected from legislative districts [provinces, cities, and
Metropolitan Manila] apportioned to the number of voters [250,000 voters
= 1 rep].
o Party-list representatives – 20% of the total number of representatives. ½ of
seats must be from the labor, peasant, urban poor, ICC, women, youth, etc.
o Term of office: 3 years, at noon of June 30 following the election
o Maximum term: not more than 3 consecutive terms, voluntary renunciation
is not an interruption.
o There are currently 318 representatives in the HRep

QUALIFICATIONS:

1. Natural-born citizen
2. At least 25 years of age on the day of the election
3. Able to read and write
4. Except for a party-list representative, a registered voter in the district in which he shall be
elected
5. A resident thereof for a period of not less than 1 year preceding the day of election

2 KINDS OF ELECTION

1) Regular Election – 2nd Monday of May

2) Special Election – in case of vacancy, only serve the unexpired term, not made mandatory by
Consti

 They can increase the salary but it will only be applicable after certain lapse of time, after the
expiration of their tenure, to prevent them increasing their salary.

Sec 11 – parliamentary immunity from arrest when the Congress is in session

When immunity cannot be invoked?

1. When the offense is punishable by more than six years of imprisonment.
2. Congress in no longer in session.

Sec 12 – full disclosure of their financial and business interests

Sec 13 – disqualification from holding any other office or employment

Sec 14 – prohibition to appear as counsel and other financial interest

Sec 15 – regular session 4th Monday of July once every year until 30 days before the opening
of its next regular session. In session every day except Saturdays and Sundays, rest one moth
before the fourth day of July.

- special session - the President calls the Congress.

- executive sessions – secret meetings

- closed session – the issue to be discussed involves national security.

4 KINDS OF APPROPRIATION

1. Annual or General Appropriation

2. Special or Supplemental Appropriation
3. Specific Appropriation
4. Continuing Appropriation

LIMITATIONS ON THE POWER OF CONGRESS

1. Substantive – subject matter

a. Implied limitations – nature and character of the government
b. Specific limitations on general legislation – bill of rights
c. Specific limitations on specific powers – scattered in the constitution
2. Formal – procedural requirements to be complied with by the Congress in the passage of
the bills and the form and content of the same.