Allows one department to

resist encroachments upon

its prerogatives or to rectify
mistakes or excesses
committed by the other
departments.
This is subject to the further check that a bill may
become a law notwithstanding the refusal of the
President to approve it, by a vote of ⅔ or ¾, as
the case may be, of the National Assembly.
The President has also the right to convene the
Assembly in special session whenever he
chooses.
On the other hand, the National
Assembly operates as a check on the
Executive in the sense that its consent
through its Commission on
Appointments; and the concurrence
of a majority of all its members is
essential to the conclusion of treaties.
Furthermore, in its power to
determine what courts other than the
Supreme Courts shall be established,
to define their function and to
appropriate funds for their support,
the National Assembly controls the
judicial department to a certain
extent.
(Abakada Guro Party List v. Purisima,562 SCRA 251 [2008].)
The grant of authority to the Oversight
Committee to screen beneficiaries is
unconstitutional.
It violates the principle of separation of powers.
By being involved in the implementation of the
law, the Oversight Committee will be exercising
executive power
Senator Fleur De Lis is charged with plunder before the
Sandiganbayan.
After finding the existence of probable cause, the court
issues a warrant for the Senator's arrest.
The prosecution files a motion to suspend the Senator
relying on Section 5 of the Plunder Law.
According to the prosecution, the suspension should last
until the termination of the case.
Senator Lis vigorously opposes the motion contending that
only the Senate can discipline its members; and that to
allow his suspension by the Court would violate the
principle of separation of powers.
Is Senator Lis's contention tenable?
The contention of the Senator is not tenable.
The power of each House of Congress to
“punish its Members for disorderly behavior,” and
“suspend or expel a Member” by a vote of two thirds of all its Members
subject to the qualification that the penalty of suspension, when imposed,
should not exceed sixty days” under Section 6 (3), Article VI of the
Constitution
is “distinct” from the suspension under the Plunder Law“ which is not a
penalty but a preliminary, preventive measure,
prescinding from the fact that the latter is not being imposed on
petitioner for misbehavior as a Member of the House of Representatives.”
The doctrine of separation of powers cannot be deemed to have
excluded Members of Congress from the application of the Plunder Law.
The law itself does not exclude Members of Congress from its coverage.
Their personality to sue in behalf of the succeeding
generations can only be based on the concept of
intergenerational responsibility insofar as the right to a
balanced and healthful ecology is concerned.
Such a right, as hereinafter expounded, considers the "rhythm
and harmony of nature."
Nature means the created world in its entirety.
Such rhythm and harmony indispensably include, inter alia, the
judicious disposition, utilization, management, renewal and
conservation of the country's forest, mineral, land, waters,
fisheries, wildlife, off-shore areas and other natural resources
to the end that their exploration, development and utilization
be equitably accessible to the present as well as future
generations.
The contention that the minors have no locus standi
is unmeritorious.
In the landmark case of Oposa v. Factoran, the Court
held that basis for the minors to have locus standi is
intergenerational responsibility.
It is pursuant to the obligation of the State under
Section 16, Article II of the Constitution to protect
and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and
harmony of nature.
Their personality to sue in behalf of the succeeding
generations can only be based on the concept of
intergenerational responsibility insofar as the right to a
balanced and healthful ecology is concerned.
Such a right, as hereinafter expounded, considers the "rhythm
and harmony of nature."
Nature means the created world in its entirety.
Such rhythm and harmony indispensably include, inter alia, the
judicious disposition, utilization, management, renewal and
conservation of the country's forest, mineral, land, waters,
fisheries, wildlife, off-shore areas and other natural resources
to the end that their exploration, development and utilization
be equitably accessible to the present as well as future
generations.
Metropolitan Manila Development Authority v.
Concerned Residents of Manila Bay, G.R. Nos.
171947-48
The order of the Supreme Court to the defendant to
clean up, rehabilitate and sanitize the Manila Bay is
an exercise of judicial power, because the execution
of its decision is an integral part of its adjudicative
function.
Since the submission of periodic reports is needed to
fully implement the decision, the Supreme Court can
issue a continuing writ of mandamus to the MMDA
until full compliance with its order is shown
Executive check on the other two branches

EXECUTIVE CHECK
Legislative Judiciary
Through its veto power Through its power of pardon,
it may set aside the
judgment of the judiciary.
Also by power of
appointment – power to
appoint members of the
judiciary
Legislative check on the other two branches
LEGISLATIVE CHECK
Executive
Override veto of the President
Reject some appointments made by the
President
Revoke the proclamation of martial law or
suspension of the privilege of the writ of habeas
corpus
impeachment
Determine the salaries of the president or vice
president
Concur to reject treaties the president may enter
into
Judiciary
Revoke or amend the decisions by either:
• Enacting a law
• Amending the old law, giving it certain definition
and interpretation different from the old.
Impeachment of SC members
Define, prescribe, apportion jurisdiction of lower
courts:
- Prescribe the qualification of lower courts
judges
- Impeachment
- Determination of salaries of judges
Judicial check on the other two branches

It may declare (through the SC as the final

arbiter) the acts of both the legislature and
executive as unconstitutional or invalid so
long as there is grave abuse of discretion
amounting to lack or excess of jurisdiction.
Test to determine whether a given power has been
validly exercised by a particular department:
GENERAL RULE:
Whether the power has been constitutionally conferred
upon the department claiming its exercise.
EXCEPTION:
(Doctrine of Necessary Implication)
Exercise of the power may be justified in the absence of an
express conferment because the grant of express power
carried with it all other powers that may be reasonably
inferred from it.
Question:
An appropriations law granting the
legislators lump-sum funds in which they
have full discretion on what project it
would fund and how much the project
would cost, was passed.
Is such law unconstitutional?
 It violated the principle of separation
of powers
Insofar as it has allowed legislators to
wield, in varying gradations, non-
oversight, post enactment authority
in vital areas of budget execution.
It violated the principle of non-delegability
of legislative power
Insofar as it has conferred unto legislators
the power of appropriation by giving
them personal, discretionary funds from
which they are able to fund specific
projects which they themselves
determine.
 Denied the President’s power to veto
items
Insofar as it has created a system of
budgeting wherein items are not
textualized into the appropriations bill, it
has flouted the prescribed procedure of
presentment.
 Impaired public accountability
Insofar as it has diluted the effectiveness
of congressional oversight by giving
legislators a stake in the affairs of budget
execution, an aspect of governance
which they may be called to monitor and
scrutinize.
 Subverted genuine local autonomy
Insofar as it has authorized legislators,
who are national officers, to intervene
in affairs of purely local nature, despite
the existence of capable local
institutions.
 Transgressed the principle of non-
delegability
Insofar as it has conferred to the President
the power to appropriate funds intended
by law for energy-related purposes only to
other purposes he may deem fit as well as
other public funds under the broad
classification of "priority infrastructure
development projects."