Guide questions for Group 2

LLDA VS COURT OF APPEALS

1. Can a government agency implement ecological protection measure in the
area of local government units who are objecting to such?
LLDA has jurisdiction over such matters because the charter of the LLDA prevails
over the Local Government Code of 1991. The said charter constitutes a special law.
The special law is to be taken as an exemption to the general law in the absence of
special circumstances forcing a contrary conclusion.
In addition, the charter of the LLDA embodies a valid exercise of police power for
the purpose of protecting and developing the Laguna Lake region, as opposed to the
Local Government Code, which grants powers to municipalities to issue fishing
permits for revenue purposes.
*Art II Sec. 16. The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of nature.

GOVERNMENT OF THE PHIL. ISLANDS VS SPRINGER

1. What is the theory of separation of powers?
The legislature has no authority to execute or construe the law, the executive has
no authority to make or construe the law, and the judiciary has no power to make or
execute the law. ( US vs Ang Tang Hong)
2. What are the powers separated?
Executive, Legislative, and Judicial powers
3. What is the purpose of separation of powers?
The doctrine of separation of powers is intended to prevent a concentration of
authority in one person or group of persons that might lead to an irreversible error
or abuse in its exercise. (Pangasinan Transportation Co. vs. CA)
4. What is the principle of checks and balances?
Allows one department to resist encroachments upon its prerogatives or to rectify
mistakes or excesses committed by the other departments.( Cruz & Cruz p.135)