Section 1( Separation of Powers)

PRINCIPLE OF SEPARATION OF POWERS

The principle of separation of powers prevents the concentration of legislative,
executive, and judicial powers to a single branch of government by deftly allocating their
exercise to the three branches of government
Each branch of government is equal
2 ways in w/c separation of powers would be violated
1. If a branch interferes impermissibly with the other departments performance of
their constitutionally assigned function.

PRINCIPLE OF CHECK AND BALANCE

secure coordination between and among the branches of government
designed to avert excesses in the wielding of government authority
each of the three branches of government can limit the powers of the others. This way,
no one branch becomes too powerful

RULE OF LENITY
The fundamental principle in applying and interpreting criminal laws, including the
Indeterminate Sentence Law, is to resolve all doubts in favor of the accused. In dubio
pro reo. When in doubt, rule for the accused. This is in consonance with the
constitutional guarantee that the accused ought to be presumed innocent until and
unless his guilt is established beyond reasonable doubt.

Intimately intertwined with the in dubio pro reo principle is the rule of lenity. It is the
doctrine that "a court, in construing an ambiguous criminal statute that sets out multiple
or inconsistent punishments, should resolve the ambiguity in favor of the more lenient
punishment."

Lenity becomes all the more appropriate when this case is viewed through the lens of
the basic purpose of the Indeterminate Sentence Law "to uplift and redeem valuable
human material,and prevent unnecessary and excessive deprivation of personal liberty
and economic usefulness." Since the goal of the Indeterminate Sentence Law is to look
kindly on the accused, the Court should adopt an application or interpretation that is
more favorable to the accused.
DOCTRINE OF EQUIPOISE EVIDENCE RULE
The "equipoise doctrine" is the rule which states that when the evidence of the
prosecution and the defense are so evenly balanced the appreciation of such evidence
calls for tilting of the scales in favor of the accused. Thus, the evidence for the
prosecution must be heavier to overcome the presumption of innocence of the accused.
The constitutional basis of the rule is Bill of Rights which finds expressions in Sec. 1,
par. (a), Rule 115 of the 1985 Rules on Criminal Procedure as amended

ARCHIPELAGIC DOCTRINE
The “Archipelagic Doctrine” is a legal principle wherein an archipelago is to be regarded
as a single unit, such that the waters around, between, and connecting the islands of
the archipelago, irrespective of their breadth and dimensions, form part of the internal
waters of an archipelagic state, and are subject to its exclusive sovereignty. This is
reflected in Part IV of the United Nations Convention on the Law of the Sea (UNCLOS)
and enshrined in Article I of the Philippine Constitution. 
Found in Article 1(2) of the Constitution of the Philippines.

POWER OF SUBORDINATE LEGISLATION

With this power, administrative bodies may implement the broad policies laid down in a
statute by "filling in" the details which the Congress may not have the opportunity or
competence to provide
With the proliferation of specialized activities and their attendant peculiar problems, the
national legislature has found it more and more necessary to entrust to administrative
agencies the "power of subordinate legislation," as it is called.

THE COMPLETENESS TEST

Ideally, the law must be complete in all its essential terms and conditions when it leaves
the legislature so that there will be nothing left for the delegate to do when it reaches
him except enforce it. A law is complete when it sets forth therein the policy to be
executed, carried out or implemented by the delegate
If there are gaps in the law that will prevent its enforcement unless they are first filled,
the delegate will then have been given the opportunity to step into· the shoes of the
legislature and to exercise a discretion essentially legislative in order to repair the
omissions. This is invalid delegation
THE SUFFICIENT STANDARD TEST
According to the Supreme Court, a sufficient standard is one which defines legislative
policy, marks its limits, maps out its boundaries and specifies the public agency to apply
it. It indicates the circumstances under which the legislative command is to be effected.
A sufficient standard is intended to map out the boundaries of the delegate's authority
by defining the legislative policy and indicating the circumstances under which it is to be
pursued and effected. The purpose of the sufficient standard is to prevent a total
transference of legislative power from the lawmaking body to the delegate, "who is not
allowed to step into the shoes of the legislature and exercise a power essentially
legislative.

JUDICIAL REVIEW
The power of the courts to test the validity of the executive and legislative acts in light of
their conformity with the Constitution.
The courts are vested with the authority to determine the legitimacy of the acts of the
executive and the legislative branches of government
Requisites of Judicial review
(1) an actual and appropriate case and controversy exists; 
(2) a personal and substantial interest of the party raising the constitutional question; 
(3) the exercise of judicial review is pleaded at the earliest opportunity; and 
(4) the constitutional question raised is the very lis mota of the case

JUDICIAL POWER
the power of the courts (Judiciary) to test the validity of the executive and legislative
acts in light of their conformity with the Constitution.

3 FUNDAMENTAL POWERS OF THE STATE

Police Power – power inherent in government to promote general welfare and public
interest. Also the power of the government to enact laws to promote public health,
public morals and public safety of its constituents.
Eminent Domain – power of the local government to take private property in exchange
for just compensation with due process.
 Taking of public property
 Propriety of Taking (If there is no property available for construction the
government can take private property)
 Just Compensation – Adequate Value, Payment is Prompt
Taxation – power of government to impose taxes and other legal fees for the
development programs for the welfare of the people

Doctrine of Necessary Implication – this doctrine states that what is implied is as much
a part of thereof as that is which is expressed. 
Latin Maxim – ex nexessitate legis – from the necessity of the law. 
Every statute is understood, by implication to contain all such provisions as may be
necessary to effectuate its objective and purpose, or to make effective rights, powers,
privileges or jurisdiction which grants, including all such collateral and subsidiary
consequences as may be fairly and logically inferred from its terms. 

Article VII, Section 1 of the 1987 Constitution provides as follows: "The executive power
shall be vested in the President of the Philippines." (P. 23 Suarez)
Who shall have control of all executive departments, bureaus and offices?
The President of the Republic of the Philippines shall have control of all executive
departments, bureaus and offices (Section 17, Article VII) and shall be the Commander-
in-Chief of all the armed forces of the Philippines. Under and by virtue of all the powers
vested in him by the Constitution, the President is regarded as the most powerful and
the most influential person in the country subject to no other restraint than to comply
with the law and the Constitution.
What does this mean?
This means that he is the "Chief Executive." More specifically, he is the Executive of the
Government of the Philippines and the heads of the different executive departments
who are popularly known and called as Cabinet Members, are, in effect, merely his
advisers, hence, they are subject to his control and supervision.
Are the powers of the President limited only to those that are expressly enumerated in
the Constitution?
No. The President has residual power to protect the general welfare of the people. It is
founded on the duty of the President as steward of the people (Marcos v. Manglapus,
177 SCRA 66811989]).
What is the executive power of the President?
It is the power to enforce and administer the laws. (Section 1 and 17, Article VII) The
President shall ensure that laws are faithfully executed (Section 17, Article VII).
Residual power of the President
 It is a power borne by the President's duty to preserve and defend the
Constitution. It may be viewed also as a power implicit in the President's duty to
take care that the laws are faithfully executed
P. 139 to 159 Suarez (Guigona V.S. Santiago) (Bagatsing V.S. Committee of
Privitization)

Justiciable Question Political Question

 implies a given right, legally  considerations affecting the wisdom,

demandable and enforceable, an
act or omission violative of such
right, and a remedy granted and
sanctioned by law, for said breach
of right.
 betrayal of public trust in
removing a noon-impeachable
officer
 legality or validity of the act
 determine whether or not there
has been a grave abuse of
discretion amounting lo lack or
excess of jurisdiction on the part
of any branch or
instrumentality of the
Government.
efficacy or practicability of law
should come under the exclusive
jurisdiction of the Congress.
 question of policy
 questions, under the constitution,
are to be decided by the people in
their sovereign capacity; or in
regard to which, full discretionary
authority has been delegated to the
legislative or executive branch
 wisdom, not legality of a particular
measure

Delegation of Powers (P. 260 Suarez)

Principle of Non - Delegation of Powers 
 Potestas delegata non delegari potest - what has been delegated can not be
delegated
 applicable to 3 major powers of government
Permissible Delegation
1. Delegation of tariff power to the President
2. Delegation of emergency powers to the President
3. Delegation to the people at large
4. Delegation to the local governments
5. Delegation to the administrative bodies.

Test for delegation of Legislative Power(P. 175 Suarez)