Kathleen Patricia B.

Norris December 21,2017

Administrative Law 2

A. SEPARATION OF POWERS

The Philippine constitution provides that the 3 branches of the government, which are the Executive
Department, Legislative Department and Judiciary shall be independent from each other. In this way, it
will prevent coercion of power by one department by another to control the government, and to prevent
similar actions made during the Martial Law. The 3 branches are expected to work in harmony with each
other despite the independence and the individuality of their functions.

B. CHECKS AND BALANCES

The 3 branches of the government have the capability to check upon each other to prevent abuse of
power and to avoid violations expressed under the Philippine Constitution.

The following are illustrations where there are checks and balances:

1. The lawmaking power of the Congress is checked by the President through its veto
power, which in turn maybe overturn by the legislature.
2. The Congress may refuse to give its concurrence to an amnesty proclaimed by the
President and the Senate to a treaty he has concluded.
3. The President may nullify a conviction in a criminal case by pardoning the offender.
4. The Congress may limit the jurisdiction of the Supreme Court and that of inferior courts
and even abolish the latter tribunals.
5. The Judiciary in general has the power to declare invalid an act done by the Congress,
the President and his subordinates, or the Constitutional Commissions.