ADMIN. & ELEC. LAW W/ PUB. OFF.

Separation
of Powers
Table of Contents
Blending of Powers

Checks and Balances

Role of the Judiciary

Blending of Powers
There are instances under the Constitution when
such power is not confined exclusively within one
department but shared by several departments,
which is called the blending of powers.
The Constitution provides
clear illustration of such
powers.

Enactment of the general

01
appropriations law

Power of the President to

02
grant Amnesty
CHECKS AND
BALANCES
Under the Constitution, there is no absolute
separation among the three branches of the
government. Constitutional provisions
authorize a considerable amount of
encroachment or checking by one
department in the affairs of others.
 Planas vs. Gil
“There is more truism and actuality in interdependence than in
independence and separation of powers, for as observed by Justice
Holmes in a case of Philippine origin, we cannot lay down "with
mathematical precision and divide the branches into watertight
compartments" not only because "the great ordinances of the
Constitution do not establish and divide fields of black and white" but
also because "even the more specific of them are found to terminate
in a penumbra shading gradually from one extreme to the other."”
Each department is given
certain powers with
which to check the others.

01 Checks by the President

02 Checks by the Congress

03 Checks by the Judiciary

Checks by the
President
The president may veto or disapprove
bills enacted by congress
(Art.6 Sec.27 par.1)

The president may pardon, modify or

set aside judgements of courts (Art.7
Sec.19)
 Belgica v. Executive
Secretary
In this case, the Court explained that “The justification
for the President's item-veto power rests on a variety of
policy goals such as to prevent logrolling legislation,
impose fiscal restrictions on the legislature, as well as
to fortify the executive branch's role in the budgetary
process.”
Checks by the
Congress
Congress may also override the veto
of the President (Art.6 Sec.27 par.1). It
may also reject certain appointments
of the President (Art.7 Sec.16)

Congress may reject the proclamation

of martial law or suspension of the
writ of habeas corpus by the
president (Art.7 Sec.18)
Checks by
the Judiciary
The judiciary, with the Supreme court as the final
arbiter, may declare legislative measures or executive
acts unconstitutional or determine whether or not
there has been a grave abuse of discretion
amounting to or excess of jurisdiction on the part of
congress or the president.
Occena v. Commission
on Elections
The Court stated that “As was so convincingly demonstrated
by Professors Black and Murphy, the Supreme Court can
check as well as legitimate. In declaring what the law is, it
may not only nullify the acts of coordinate branches but may
also sustain their validity.”
 ROLE OF THE
JUDICIARY
The primary role of the Judiciary is to see to
it that the Constitutional distribution of
powers among several departments of the
government is respected and observed;
however, it doesn’t mean that it is superior
to the other departments.
 Planas vs. Gil
“As far as the judiciary is concerned, while it holds "neither the
sword nor the purse" it is by Constitutional placement the organ
called upon to allocate Constitutional boundaries, and to the
Supreme Court is entrusted expressly or by necessary
implication the obligation of determining in appropriate cases
the Constitutionality or validity of any treaty, law, ordinance, or
executive order or regulation.
Thank You
So Much!