Article II : PRINCIPLES AND STATE POLICIES - Ex: amnesty grant (by the Pres w/c must be

concurred by majority of the Congress)

A) DOCTRINE OF SEPARATION OF POWERS
5. Principle of Checks and Balances
1. Introduction
- Allows one department to resist
- Modified under 1973 consti for the semi-
encroachments upon its prerogatives or to
parliament
rectify mistakes or excesses committed by
- Restored under 1987 consti (3 major dept,
the other departments
3 concom ++ new bodies)
- Exercise of powers assigned to each
2. Definition
department may be subject to reversal in
- Neither Congress, President, nor Judiciary
proper cases by those constitutionally
may encroach on fields allocated to others
authorized
- CARDINAL POSTULATE: the 3 branches must
- Ex: law-making power of Congress is
discharge their respective functions w/in
CHECKED by the Pres thru his veto power
the limits of authority conferred by the
- Ex: This veto power may be overridden by
Consti
legislature
- Characteristic of republicanism
- Ex: Congress may refuse to give
- Each of the 3 branches has EXCLUSIVE
concurrence to an amnesty by the Pres
cognizance of & is SUPREME in matters
- Ex: Senate may refuse to give concurrence
falling w/in its constitutionally allocated
to a treaty concluded by the Pres
sphere
- Ex: Pres may nullify a conviction (court) in a
3. Purpose
criminal case by pardoning the offender
- To prevent concentration of authority in
- Ex: Congress may limit jurisdiction of SC and
one person or group of persons that might
lower courts, even abolish the latter
lead to irreversible error or abuse in
- Ex: SC may declare invalid an act done by
exercise to the detriment of republican
Congress, Pres & subordinates, ConCom
institutions. (Pangasinan Transportation
6. Role of the Judiciary
Co. v. Public Service Commission, G.R. No.
- Sees to it that the consti distribution of
47065. June 26, 1940)
powers (to depts.) is respected and
- Justice Laurel: “to secure action, to forestall
observed
overaction, to prevent despotism
- BUT Judiciary is not superior to other depts.
(dictatorship), to obtain efficiency”
- Read the unfinished/ unread portion
- Legislature (enactment of laws, and may
7. Justiciable Question
NOT enforce or apply them); Executive
- Implies a given right, legally demandable
(enforcement of laws); Judiciary
and enforceable, an act or omission
(application of laws)
violative of such right, and a remedy
- Courts cannot do JUDICIAL LEGISLATION
granted and sanctioned by law, for said
(limiting the application/coverage of a law,
breach of right (Casibang v. Aquino)
impose conditions not provided therein)
- A define and concrete dispute touching on
- Separation of powers =/= “doctrinaire
the legal interest which may be resolved by
application” or observance with “pedantic
a court of law through the application of a
rigor” (does not mean literal application of
law (Cataran v. DENR)
this theory)
- Subject to judicial review (?)
- NOT independence BUT interdependence
- Justiciable = non-political
4. Principle of Blending of Powers
8. Political Question
- Instance when powers are not confined
- A question of policy
exclusively within one department but are
- 1) Those questions which, under the
assigned to or shared by several
Constitution are to be decided by the
departments. (Nachura, Reviewer in
people in their sovereign capacity; or
Political Law, 2000 ed., p. 42).
- 2) In regard to which full discretionary
- Powers assigned to or SHARED by several
authority has been delegated to the
departments
legislature or executive branches of govt
- This is necessary for better collaboration
(Tanada v. Cuenco)
and in the process, check each other for
- Concerned with issues dependent upon the
public good
wisdom, not legality, of a particular act
- Ex: power of appointment (exercised by
- May not be the subject of judicial review
each dept under its own admin personnel)
9. Application of this doctrine
- Ex: enactment of General Appropriations
- Cases in the book (read the book)
Law (1st-President prepares the budget, 2nd-
Congress adopts this budget as the basis of
the bill to be submitted to the Pres, 3rd-
President approves it)
B) DELEGATION OF POWERS
1. General Rule: Potestas delegata non potest delegare
- premised on the ethical principle that
delegated power constitutes not only a
right but a duty to be performed by the
delegate through the instrumentality of his
own judgment and not through the
intervening mind of another.
2. Exceptions (Permissible Delegation): (PETAL)
1. Tariff powers of the President [Sec. 28 (2), Art. VI]
2. Emergency powers of President [Sec. 23 (2), Art.
VI]
3. Delegation to the People [Sec. 32, Art. VI; Sec. 10,
Art. X; Sec. 2, Art. XVII; RA 6753].
4. Delegation to Local Government units (Art X; RA
7160);
5. Delegation to Administrative bodies (power of
subordinate legislation).
3. Tests for Valid Delegation:
Completeness test – law must be complete in all
essential terms and conditions so that there is
nothing for delegate to do except enforce it;
Sufficient standard test – map out the boundaries
of delegate’s authority by defining legislative policy
and indicating circumstances under which it is to be
pursued (Pelaez v. Auditor General, 15 SCRA 569).
C) Article VI : LEGISLATIVE DEPARTMENT
1. Legislative Power
- power to propose, enact, amend and repeal laws.
- vested in Congress, except to the extent reserved
to the people (#1.1 below) by provision on initiative and
referendum.
1.1. The People’s Participation in the Govt Consist of:
a. Suffrage
b. Plebiscite
1. Ratifying the Constitution [Sec.27, Art. XVIII];
2. Approving any amendment thereto [Sec.4,
Art.XVII];
3. Approving any changes in boundaries of
LGUs, mergers, divisions, or abolitions of LGUs
[Sec.10, Art.X];
4. Creating metropolitan authorities [Sec.11,
Art.X];
5. Creating autonomous regions [Sec.18, Art.X].
c. Referendum and Initiative
Initiative – power of the people to propose
amendments to the Constitution or to propose
and enact legislation through an election called
for the purpose.
Classes of initiative:
1. Initiative on the Constitution – petition
proposing amendments to the Constitution;
2. Initiative on Statutes – petition proposing to
enact a national legislation;
3. Initiative on Local Legislation – petition
proposing to enact a regional, provincial, city,
municipality or barangay law, resolution or
ordinance.
1.2. Limitations:
1. power of local initiative shall not be exercised
more than once a year;
2. initiatives shall extend only to subjects or matters
which are within the legal powers of the local
legislative bodies to enact;
3. if at anytime before the initiative is held, the local
legislative body shall adopt in toto the
proposition presented, the initiative shall be
cancelled.
Limitation on Local Legislative Body vis-a-vis
Local Initiative:
- Any proposition or ordinance approved
through an initiative and referendum shall not be
repealed, modified or amended by the
sanggunian within 6 months from the date of
approval thereof, and may be amended ,
modified or repealed within 3 years thereafter by
a vote of ¾ of all its members. In case of
barangays, the period shall be 18 months after
approval. (Sec. 125, RA 7160)
Indirect Initiative – exercise of initiative by the
people through a proposition sent to Congress or
the local legislative body for action.
Referendum – power of the electorate to approve
or reject legislation through an election called for
that purpose.
Classes of Referendum:
1. Referendum on Statutes – petition to approve
or reject an act or law, or part thereof, passed by
Congress;
2. Referendum on Local Laws – legal process
whereby the registered voters of the local
government units may approve, amend or reject
any ordinance enacted by the sanggunian. (Sec.
126, RA 7160 or the LGC of 1991)
2. Composition
Senate – 24, elected at large by the qualified voters of the
Philippines;
House of Representatives – not more than 250 members
consisting of:
a. District Representatives
– elected from legislative districts apportioned
among the provinces, cities and the Metropolitan
Manila area;

b. Party-list Representatives
– shall constitute 20% of the total number of
representatives, elected through a party-list system
of registered national, regional and sectoral parties
or organizations.
– The Party-list organization must represent the
“marginalized and underprivileged” and the
nominees themselves must comply with this
qualitative requirement (Ang Bagong Bayani, et al.
vs. Comelec G.R. No. 147589, June 26, 2001)

Reference: CONSTITUTIONAL LAW.docx

INSERT here: all the Questions asked by Sir and

answer them, insert them in the proper topic
timeline (format may be like the Shariah Reviewer
wherein nay Q and then A sunod)