9 November 2021

GR 134577
Separation of Powers,

GR 47065
To prevent the concentration of authority that might lead to irreparable error or abuse in its exercise of
the power

Doctrine: Principle of Blending of Powers

Powers are not confined exclusively within one department but are shared to with several departments

1. It is the executive department or the president who prepares the budget, submitted to congress
then congress will enact a bill pursuant to that bill.
2. The president enters into a treaty from a foreign country, that treaty shall be ratified by the
senate

Checks and balances

- Allows one department to resist encroachment upon its prerogative or rectify mistakes
committed by other departments

1. Art 6, sect 27 – the President’s approval is required in the law-making of the congress (the
President can exercise Veto Power)
2. Art 7, sect 19 – the President may nullify the conviction in a criminal case by pardoning the
offender
3. Art 6, sect 27 – the President exercised his Veto power, congress may override the Veto power
by a vote of 2/3rd of all the house of representatives
4. The president’s appointment requires the approval of the congress/senate
5. Art 7, 19 and 21 – Congress may refuse to give its concurrence incurred by the president
6. In relation to impeachment (art 11, sec 3) – congress may exercise judicial powers by trying the
impeachment
7. Congress may limit the jurisdiction of the SC and lower courts subject to certain restriction
8. GR L45081, Art 8, sect 4) – Judiciary has the power to declare the act of other branches invalid

Delegation of Powers
Principle of Non-Deligability of Legislative power
General rule – what has been delegated cannot be delegated (potestas deligatas non deligari potes)

Reason
Based upon the ethical principle that such further delegation of power will negate

Exception (permissible delegation)

P – delegation to the people at large (art 10, sec 10)
E – emergency powers of the president (art 6, sec 18 & 23)
T – Tariff powers of the president (Art 6, sec 28), GR 100481
A – delegation to administrative body, power of subordinate legislation (Quasi-legislative power), GR
159796, GR 115381, GR L 23825
L – delegation to Local Government Unit
Tests for valid delegation
1. GR 17122 – completeness test
a. The law must be complete in all its essential terms and conditions when it leaves
congress so that there will be nothing left for the delegate to do about it except to
implement it
2. Sufficient standard test
a. Must fit a standard, the delegate must conform in the fulfillment of his action
b. GR L238285

GR 125416