n many cases involving the determination of the constitutionality of the actions of the Executive and

the Legislature, it is often sought that the Court temper its exercise of judicial power and accord due
respect to the wisdom of its co-equal branch on the basis of the principle of separation of powers. To
be clear, the separation of powers is a fundamental principle in our system of government, which
obtains not through express provision but by actual division in our Constitution. Each department of
the government has exclusive cognizance of matters within its jurisdiction and is supreme within its
own sphere. 81

Thus, the 1987 Constitution provides that: (a) the legislative power shall be vested in the Congress
of the Philippines;  (b) the executive power shall be vested in the President of the Philippines;  and
82 83

(c) the judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.  The Constitution has truly blocked out with deft strokes and in bold lines, the
84

allotment of powers among the three branches of government. 85

In its relationship with its co-equals, the Judiciary recognizes the doctrine of separation of powers
which imposes upon the courts proper restraint, born of the nature of their functions and of their
respect for the other branches of government, in striking down the acts of the Executive or the
Legislature as unconstitutional. Verily, the policy is a harmonious blend of courtesy and caution. 86

It has also long been observed, however, that in times of social disquietude or political instability, the
great landmarks of the Constitution are apt to be forgotten or marred, if not entirely obliterated.  In
87

order to address this, the Constitution impresses upon the Court to respect the acts performed by a
co-equal branch done within its sphere of competence and authority, but at the same time, allow