Muhammad A. Ibrahim
Section 2
1. The Doctrine of Separation of Powers is
enshrined and mandated by none other than
our Constitution which creates three different
and coequal branches along with
corresponding specific functions. The
principle ensures action through its
ramification principle of checks and balances
in which each of the branches is supposed to
check one and the other which will also
forestall over-action because they are co-
equally mandated and mainly to prevent
concentration or depotism of a single
authority and eventually obtain efficiency.
Scanned with CamScannerMuhammad A. Ibrahim
Section 2
2. No, the petition should not prosper. As a rule
on policies, the court cannot intrude into this
type of issue for as this falls under political
question which only arises when it involves
wisdom of an act or the efficacy or the
necessity or even the morality of the
particular measure. In case at bar, the law
implemented has already been thoroughly
reviewed after series of deliberation if the
government can afford it negating the
petition's impractical claim. Henceforth, it is
the duty of the court to apply the
Constitution and the laws in so far as the
petition of Mang Jose is concerned therefore,
the petition should not prosper.
Scanned with CamScannerMuhammad A. Ibrahim
Section 2
3. The petition depends, the Constitution
mandates the different and co-equal three
branches of government of their respective
functions, petition before the Supreme Court
to compel Congress to grant the President
emergency powers can violate the principle
of separation powers and non-delegation of
powers. Further, the President's claim of the
need to be delegated with emergency
powers is highly permissible pursuant to
Article VI of the constitution over an
unprecendented emergency. Here, the
Congress is tasked before the constitution
for delegating emergency powers to the
president amidst an emergency. Therefore, in
view of the huge calamity, and it being
discretionary of the Congress to grant the
president with emergency powers, it is
reasonable and tenable for the Congress to
grant the President emergency powers.
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