SEPARATION OF POWERS
safety requires it. CANNOT DECLARE
● Powers ordains that each of the three
government branches has exclusive
cognizance of and is supreme in
concerns falling within its own
constitutionality allocated sphere. It
intends to secure action, to forestall
over-action, to prevent despotism, and
to promote efficiency.
● To secure action that you will receive
justice
● To promote efficiency
● SAGUIGUIT V. PEOPLE- extent of
authority of the judiciary vis-a-vis the
legislature
● LA BUGAL V. RAMOS- matters of
policy (Regalian Doctrine)
● MACEDA V. VASQUEZ- filing of
cases against court employees
● BELGICA V. OCHOA- Pork barrel
system
PRINCIPLE OF BLENDING OF POWERS
● Principle where certain acts, for
purposes of perfection and validity,
require the performance of another act
by a person or organ of the
government to complete and validate
the act.
CHECKS AND BALANCES
● Under the system of check and
balances, one department should be a
check to the two other departments of
government and vice versa
● The purpose is not only to put a halt in
the excesses in one department and
equality to make the erring department
keep itself within the boundaries
ordained in the Constitution
● MANIFESTATION IS SECTION 27
● SECTION 1 ARTICLE 8 OF THE
CONSTI; and to determine whether or
not there has been a grave abuse of
discretion amounting to lack or excess
of jurisdiction on the part of any
branch or instrumentality of the
government (Judicial power)
● SECTION 5, ART 8 (2A); Doctrine of
Purposeful Hesitation - the SC should
deviate from delving into the
constitutionality of a law; all laws are
constitutional (generally)
● SECTION 18 ART 7 OF THE 1987
CONSTITUTION; the president shall
be the commander in chief of all
armed forces of the PH… incase of
invasion or rebellion and when public
MARTIAL law because it does not
affect the welfare of the general public
(MARAWI Siege). Particular region
should only be subject to the Martial
Law and not the entirety of the country
● SC may review, in an appropriate
proceeding filed by any citizen, the
sufficiency of the factual basis of the
proclamation of martial law or the
suspension of the privilege of the writ
or the extension thereof, and must
promulgate its decision thereon within
thirty days from its filing.
● The congress, if not in session, shall,
within twenty-four hours following such
proclamation or suspension, convene
in accordance with its rules without
any need of a call.
● MARTIAL LAW IS A JUSTICIABLE
QUESTION/MATTER
● SECTION 16, ART VII OF THE
CONSTI (APPOINTING POWERS OF
THE PRESIDENT)
● SECTION 2 ART XI, SECTION 3 (1 &
2); impeachable offense
● SECTION 21 ART VII; no treaty or
international agreement shall be valid
and effective unless concurred in by at
least two-thirds of all the members of
the senate
● SECTION 19 ART VII; The president
shall also have the powers to grant
amnesty with the concurrence of a
majority of all members of the
congress (could only apply to amnesty
(public act which would warrant the
court taking judicial notice thereof.
Granted to classes of person who may
be guilty of political offense generally
before or after the institution of
criminal prosecution, and sometimes
after conviction. Looks backward and
abolishes the conviction into oblivion
the offense itself) and not on pardon
because it is a private act which must
be pleaded and proved by the person
pardoned because the court cannot
take judicial notice thereof. Pardon is
granted to one after conviction by final
judgment. Looks forward and relieves
the offender from the consequences of
an offense of which he has been
convicted)
EXPANDED POWER OF JUDICIAL RELIEF
(ART 8 section 1)
 ● To determine whether or not there has
been a grave abuse of discretion
amounting to lack or excess of
jurisdiction on the part of any branch
or instrumentality of the government.
POLITICAL QUESTION V. JUSTICIABLE
QUESTIONS
● PURE POLITICAL QUESTIONS;
amend constitution (for the people to
decide in respect to ratification), recall
(power of the people to remove an
elected official), and Cory
administration (de jure because the
people wanted/acceptance Cory to be
their leader)
● DISCRETIONARY POLITICAL
QUESTIONS; Exercise of military
powers of the President, internment of
Marcos (residual powers, powers of
the president that is not prohibited by
the constitution and given in the
constitution)
JUSTICIABLE QUESTIONS
● There must be an actual case or
controversy calling for the exercise
use of judicial power (the SC does not
have the authority to render advisory
opinions)
● The person challenging the act must
have the standing to question the
validity of the subject act or issuance
(must have suffered direct injury to
have a standing)
● The question of constitutionality must
be raised at the earliest opportunity;
and (it cannot be an afterthought)
● The issue of the constitutionality must
be the very LIS MOTA of the case (the
main issue is the constitutionality and
not a coincidental issue in the case)
LEGISLATIVE DEPARTMENT
● SECTION 1- the legislative power
shall be vested in the CONGRESS OF
THE PH which shall consist of a
senate and a house of representative,
except to the extent reserved to the
people by the provision on initiative
and referendum. (LAMBINO CASE)
(non-delegable power)
● PERMISSIBLE DELEGATION OF
THE LEGISLATURE; TARRIF
POWERS OF THE PRESIDENT; ART
VI SECTION 28 (2) the congress may,
by law, authorize the president to fix
within specified limits, and subject to
such limitations and restrictions as it
may impose, tariff rates, import and
export quotas, tonnage and wharfage
dues, and other duties or imposts
within the framework of the national
development program of the
government
● STATE EMERGENCY; SECTION 23
(2); in the times of war or other
national emergency, the congress
may, by law, authorize the president,
for a limited and subject to such
restrictions as it may prescribe, to
exercise powers necessary essay and
proper to carry out a declared national
policy. Unless sooner withdrawn by
resolution of the congress, such
powers shall cease upon the next
adjournment thereof. ONLY THE
PRESIDENT HAS EMERGENCY
POWERS
● EXERCISE OF EMERGENCY;
SECTION 17, ART 12 OF THE
CONSTI; in times of national
emergency, when the public interest
so requires, the state may, during the
emergency and under reasonable
terms prescribed by it, temporarily
take over or direct the operation of any
privately owned public utility or
business affected with public interest
(congress is the repository of
emergency powers)
● LOCAL GOVERNMENT UNITS;
SECTION 16 OF THE LOCAL
GOVERNMENT CODE; GENERAL
WELFARE
● LGC; SECTION 19; EMINENT
DOMAIN,
● LGC; ART X. SEC 5; Each local
government unit shall have the power
to create its own source of revenues
and to levy taxes, fees, and charges
subject to such guidelines and
limitations as the congress may
provide, consistent with the basic
policy of local autonomy. Such taxes,
fees, and charges shall accrue
exclusively stop the local governments
(directly conferred by the constitution)
● ADMINISTRATIVE BODIES;
SUBORDINATE LEGISLATION;
GEROCHI V. DOE; given the volume
of interactions in today’s society, it is
doubtful if the legislature can
promulgate laws that will deal
adequately with and respond promptly
to minutiae of everyday life. Hence,
 the need to delegate to administrative
bodies - the principal agencies tasked
to execute laws in their specialized
fields - the authority to promulgate
rules and regulations to implement a
given statute and effectuate its
policies, all that is required for the
valid exercise of this power of
subordinate legislation is that the
regulation be germane to the objects
and purposes of the law and that the
regulation be not in contradiction to,
but in conformity with, the standards
prescribed by the law. These
requirements are denominated as the
completeness test and the sufficient
standard test.
● ADMINISTRATIVE BODIES; it must
be germane to the objects and
purposes of the law and in conformity
with the standards prescribed by the
law. Administrative bodies may
implement the broad policies laid
down in a statute by “filling in” the
details (PHILIP MORRIS V. SUBIC
BAY; RA 7227 compared to IRR OF
RA 7227)
TERM OF OFFICE AND TENURE;
LIMITATION
● SECTION 4; six years and shall
commence, unless otherwise provided
by law, at noon on the thirtieth day of
June next following their election
● No senator shall serve for more than
two consecutive terms. Voluntary
renunciation of the office for any
length of time shall not be considered
as an interruption in the continuity of
his service for the full term for which
he was elected
COMPOSITION OF THE HOR
● SECTION 5 (1); shall be elected from
legislative districts
● Shall be elected through a party-list
● Registered national, regional, and
sectoral parties or organizations
● **concept of apportionment

TEST OF VALID DELEGATION

● Completeness test; complete in all its

terms and conditions when it leaves
the legislature such that when it
reaches the delegate, the only thing
he will have to do is to enforce it.
● Sufficient Standard Test; mandates
adequate guidelines or limitations in
the law to determine the boundaries of
the delegates authority and prevent
the delegation from running riot.

COMPOSITION OF SENATE; SECTION 1

● Vested in the congress which shall

consist of a senate and a house of
representative, except to the extent
reserved to the people by the
provision on initiative and referendum.

QUALIFICATION OF SENATOR; SECTION 8

● Natural born citizen

● At least 35 years of age (on the day of
election)
● Able to read and write
● Registered voter
● Resident of the Philippines for not less
than two years immediately preceding
the day of the election