Chapter 6

Doctrine of Separation of Powers

I. Definition
A. Each of the 3 great branches of government has exclusive cognizance of and is supreme in
matters falling within its own constitutionally allocated sphere
B. Legislature = enactment of laws, Executive = enforcement of laws, Judiciary = application of
laws
II. Purposes
A. Intended to prevent a concentration of authority in one person or group of persons
B. Justice Laurel: intended to secure action, to forestall over-action, to prevent despotism and obtain
efficiency
C. Interdependence not independence
III. Blending of Powers
A. Some powers are not confined by the Constitution exclusively within one department but are in
fact assigned to several departments
B. Example: Power of Appointment which can be exercised by all over own admin personnel
C. Collaboration for the good of the people
D. General Appropriations Law: President Prepares the budget then it is passed as a bill by the
Congress
E. Amnesty: President grants amnesty then it must be approved by majority of the Congress
F. COMELEC needs the help from the executive agencies during time of election
IV. Checks and Balances
A. Ends of the government are better achieved through the exercise by its agencies of only the
powers assigned to them subject to reversal in proper cases by those authorized by the
Constitution
B. Example: Veto Power of the President, Congress can refuse to give its concurrence to a
Presidential Amnesty, The President may nullify a conviction by pardoning the offender, the
Judiciary can declare invalid an act done by the Congress or the President
V. The Role of the Judiciary
A. Sees to it that the constitutional distribution of powers is respected
B. Upholds the Supremacy of the Constitution
VI. Justiciable and Political Questions
A. Justiciable can be subject of Judicial Review while Political Questions, technically, cannot be
subject to Judicial review (except for Betrayal of Public Trust)
B. Justiciable Question – implies a given right legally demandable and enforceable, an act or
omission violative of such right, and a remedy granted and sanctioned by law, for said breach of
right
C. Political Questions – discretion of another department or especially the people themselves /
connotes a question of policy / questions to be decided by the people in their sovereign capacity
VII. Application of the Doctrine – study the cases.
VIII. Political Questions Under the New Constitution
A. Judicial Power now includes the duty 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 – Article VIII, Sec. 1.
B. Supreme Court may review the sufficiency of the factual basis of a martial law proclamation by
the president

Chapter 7
Doctrine of Delegation of Powers
I. Delegation of Powers General Rule: Potestas Delegata Non Delegari Potest – what has been
delegated cannot be delegated
A. Principle of non-delegation applies to all 3 major powers of the government
B. Delegation has been more necessary for the legislative power
C. Congress Creating an Administrative Body to promulgate rules and regulations subject to
limitations is an example of delegation (e.g. LTFRB)
II. Permissible Delegation
A. Tariff Powers
 The President is granted stand-by or flexible tariff powers
 Article VI, Section 28(2) of the Constitution
 Expediency to act immediately on certain matters affecting the national economy
B. Emergency Powers
 The congress may authorize the President to exercise emergency powers in times of war and
other national emergency
 During times of war and calamity, it his highly unlikely that the Congress can form a quorum
to do its business
 The president becomes a constitutional dictator
 Conditions: War or National Emergency, delegation must be for a limited time only, the
delegation must be for a limited period, the delegation must be subject to strict restrictions
prescribed by congress, the emergency powers must be exercised to carry out national policy
declared by congress
 State of emergency does not automatically give the President emergency powers
C. Delegation to the People
 The Government is democratic – but is a representative democracy. The people acts through
their representatives.
 Referendum – method of submitting an important legislative matter to the direct vote of the
whole people / the power of the electorate to approve or reject a legislation through an
election called for that purpose
 Plebiscite – decree of the people. Device to obtain a direct popular vote on a matter of
political importance / electoral process by which an initiative on the Constitution is approved
or rejected by the people.
D. Delegation to the Local Government
 Local legislatures are more knowledgable than the national lawmaking body on matters of
purely local concern
 Local affairs shall be managed by local authorities
E. Delegation to Administrative Bodies
 Power of subordinate legislation is assigned to administrative bodies because of the
proliferation of specialized activities and their attendant peculiar problems
 Given the volume and variety of interactions in today’s society, it is doubtful if the legislature
can create laws that will deal with all adequately
 For an administrative regulation to be valid, it must be authorized by legislature
III. Tests of Delegation
A. 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 except enforce it.
B. The Sufficient Standard Test
 Delegation must be made subject to a sufficient standard.
 Sufficient Standard maps 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
 Prevents total transference of legislative power from the lawmaking body to the delegate
IV. The Pelaez Case
A. The Completeness and Sufficient Standard Tests should be applied together or concurrently
B. Pelaez contended that Sec. 68 of the Revised Administrative Code empowering the President to
create, merge, divide, abolish or otherwise alter the boundaries of municipal corporations is an
invalid delegation of legislative power