CONSTITUTIONAL LAW 1

(Notes and Cases)

By

Atty. GALLANT D. SORIANO, MNSA

Lt. Col. PN (M)
 MODULE 4

SEPARATION of POWERS
and
CHECKS and BALANCES
 2 DOCTRINES OF REPUBLICANISM

each of the three departments

(legislative, executive, judiciary); has
SEPARATION
exclusive prerogatives and
OF
responsibilities; which the other
POWERS
departments cannot unduly intrude
upon.

each of the three departments

CHECKS (legislative, executive, judiciary);
AND may limit or resist encroachments
BALANCES upon its powers by the other
departments.
SEPARATION of POWERS
1. DOCTRINE OF SEPARATION OF POWERS
legislature - enactment of laws and may not enforce or
apply them;

executive - enforcement of laws and may not enact or apply

RULE them;

judiciary - application of laws and may not enact or enforce

them.

BASIS feature of republicanism and actual distribution of powers

prevent concentration of power of government; in the

PURPOSE hands of one man or group of men; as is anathema to
democratic and republican form of government.

instances under the Constitution; when powers are not

EXCEPTION confined exclusively within one department; but are in fact
(Blending of Powers) assigned to or shared by several departments
 INSTANCES OF SEPARATION of POWERS

1. Treaties or International Sec. 21, Art. VII, Bayan vs. Zamora

Agreements 1987 Constitution G.R. No. 138570. Oct. 10, 2000

2. Membership in HRET Sec. 19, Art. VI, Pimentel vs. HRET

and CA 1987 Constitution G.R. No. 141489. Nov. 29, 2002

Sec. 21, Art. VII, Endencia vs. David

3. Interpretation of 1987 Constitution G.R. No. L-6355. Aug. 31, 1953

Constitution and statutes Perfecto vs. Meer

Art. 8, Civil Code G.R. No. L-2348. Feb. 27, 1950

4. Annulment of Sec. 2(2), Art. IX, Gustilo vs. Real

Proclamation 1987 Constitution A.M. No. MTJ-00-1250, Feb. 28, 2001

5. Member of judiciary
cannot assume a position Sec. 12, Art. VIII, In Re Manzano
or perform a duty non- 1987 Constitution A.M. No. 88-7-1861-RTC, Oct. 5, 1988

judicial in character.
 INSTANCES OF SEPARATION OF POWERS
AREA 1. Treaties or International Agreements

Sec. 21, Art. VII Constitution - No treaty or international

BASIS agreement shall be valid and effective unless concurred in by at
least two-thirds of all the Members of the Senate.

Bayan vs. Zamora

G.R. No. 138570. Oct. 10, 2000

a) President (Executive) - is vested with the power to ratify.

Illustrative b) Legislature (Senate) - its role is limited only to giving or

Case withholding its consent, or concurrence, to the ratification.

c) Judiciary (Supreme Court) - is without power to conduct

an incursion and meddle with such affairs purely executive
and legislative in character. Except when there is grave abuse
of discretion.
 INSTANCES OF SEPARATION OF POWERS
AREA 2. Membership in HRET and CA

Sec. 17, Art. VI Constitution - The Senate and the House of Representatives
shall each have an Electoral Tribunal…Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be Justices of the Supreme Court to be
BASIS designated by the Chief Justice, and the remaining six shall be Members of the
Senate or the House of Representatives, as the case may be, who shall be chosen
on the basis of proportional representation from the political parties and the parties
or organizations registered under the party-list system represented therein.”

Pimentel vs. HRET

G.R. No. 141489. Nov. 29, 2002

a) Legislature (House of Representatives) - is expressly granted the

prerogative, within constitutionally defined limits, to choose from among its
Illustrative district and party-list representatives those who may occupy the seats
Case allotted to the House in the HRET and the CA.

b) Judiciary (Supreme Court) - may not interfere with the exercise by the
House of this constitutionally mandated duty, absent a clear violation of the
Constitution or grave abuse of discretion amounting to lack or excess of
jurisdiction.
 INSTANCES OF SEPARATION OF POWERS
AREA 3. Interpretation of Constitution and statutes.

Sec. 4(2), Art. VIII, 1987 Constitution - All cases involving

the constitutionality of a treaty, international or executive
BASIS agreement, or law, which shall be heard by the Supreme Court
en banc.

Endencia vs. David

G.R. No. L-6355. Aug. 31, 1953

a) Judiciary - is vested with the exclusive jurisdiction to

Illustrative interpret the Constitution and statutes.
Case
b) Legislature - in enacting a law, may not provide therein
that it be interpreted in such a way that it may not violate
Constitutional prohibition, thereby tying the hands of the
courts in their task of interpreting said statute.
 INSTANCES OF SEPARATION OF POWERS
AREA 4. Annulment of Proclamation.

Sec. 2(2), Art. IX, 1987 Constitution - Exercise exclusive original

jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal officials decided by
BASIS trial courts of general jurisdiction, or involving elective barangay officials
decided by trial courts of limited jurisdiction. Decisions, final orders, or rulings
of the Commission on election contests involving elective municipal and
barangay offices shall be final, executory, and not appealable.

Gustilo vs. Real

A.M. No. MTJ-00-1250. Feb. 28, 2001

a) Judiciary (Judge of MCTC) - is expected to know the jurisdictional

Illustrative boundaries of courts and quasi-judicial bodies like the Commission on
Case Elections as mapped out by the Constitution and statutes and to act only
within said limits.

b) Executive (Comelec) - is vested by law with exclusive jurisdiction to

annul the proclamation of Punong Barangay.
 INSTANCES OF SEPARATION OF POWERS
5. Member of judiciary cannot assume a
AREA position or perform a duty non-judicial in
character.

Sec. 12, Art. VIII, 1987 Constitution - The Members of

the Supreme Court and of other courts established by law shall
BASIS not be designated to any agency performing quasi-judicial or
administrative function.

IN RE: MANZANO
A.M. No. 88-7-1861-RTC, Oct. 5, 1988

Illustrative a) Executive (Provincial/City) - Committees on Justice

Case perform administrative functions.

b) Judiciary (RTC Judge) - cannot assume a position or

perform a duty non-judicial in character.
BLENDING of POWERS
 BLENDING OF POWERS

sharing of powers of the different departments of

government; whereby one department helps and
DEFINITION coordinates with the other; in the exercise of a
particular power, function or responsibility.

ACTUAL there exists an overlap of executive, legislative,

SITUATION judicial powers.

complete separation is impracticable if not

RULE impossible.

RATIONALE to address complexities; of rapidly changing society.

BASIS pursuit of common objectives.

 INSTANCES
of
BLENDING OF POWERS
 ILLUSTRATION OF BLENDING OF POWERS

Art. VI, Sec. 29(1) - No money a) OP (DBM) prepares budget;

1.Enactment of shall be paid out of the Treasury b) Congress passes Bill based
Appropriations Law. except in pursuance of an on budget;
appropriation made by law. c) President approves it.

Art. VI, Sec. 19 - He shall also

2. Grant of Amnesty by have the power to grant amnesty a) President grants amnesty;
with the concurrence of a b) majority of all members of
the President. majority of all the Members of Congress concur.
the Congress.

3. Deputization of Law Art. IX, Sec. 2(4) - Deputize,

a) Comelec deputizes AFP and
with the concurrence of the
Enforcement Agencies President, law enforcement
PNP during elections;
b) President concurs.
by Comelec. agencies...

Sec. 21, Art. VII - No treaty or a. President enters into a

4. Power to enter into international agreement shall be treaty or international
treaty or International v a l i d a n d e f fe c t i v e u n l e s s agreement with foreign
concurred in by at least two-thirds countries;
Agreement. b. Senate ratifies the same.
of all the Members of the Senate.
 ILLUSTRATION OF BLENDING OF POWERS

Sec. 21, Art. VII - No treaty or a) The President enters into a treaty
4. Power to enter into international agreement shall be valid and or international agreement with
treaty or International effective unless concurred in by at least foreign countries;
Agreement. two-thirds of all the Members of the
Senate. b) Senate ratifies the same.

Sec. 5, Art. VIII, 1987 Constitution - a) The Supreme Court may declare
5. Power to declare The Supreme Court shall have the a treaty, international or executive
t h e following powers: aAll cases in which the agreement, or law, as
unconstitutionality constitutionality or validity of any treaty, unconstitutional;
o f a n y t re a t y, international or executive agreement, law,
e x e c u t i v e presidential decree, proclamation, order, b) it has also the power to declare
instruction, ordinance, or regulation is in invalid any act done by the other
agreement or law. question. departments of government.

Sec. 1, Art. VIII, 1987 Constitution -

Judicial power includes the duty… to a) any branch or instrumentality of
6. Power to declare determine whether or not there has been the government does an act;
t h e re w a s g r a v e a grave abuse of discretion amounting to
abuse of discretion. lack or excess of jurisdiction on the part of b) Supreme Court nullifies the
any branch or instrumentality of the same.
Government.
CHECKS AND BALANCES
 CHECKS and BALANCES

each of the three departments (legislative, executive,

DEFINITION judiciary); may limit or resist encroachments upon its
powers by the other departments.

one branch; may resist intrusion into its powers; by

RULE
the other branches.

BASIS Constitution

governmental objectives are better achieved; if

PURPOSE different branches exercise only the power assigned
to them.

VALUE complements doctrine of separation of powers.

 INSTANCES
of
CHECKS and BALANCES
 Congress can: override Presidential veto. Art. VI Sec. 27;
reject Presidential amnesty. Art. VI, Sec. 19.
Senate may not ratify treaty concluded
by the President. Art. VI, Sec.21

LEGISLATIVE EXECUTIVE
The Congress The President
(House & Senate)
lawmaking power of Congress OP; various departments
can veto each other’s bills.
is checked by the President
through his veto power. Art. VI, Sec. 27

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 INSTANCES OF CHECKS AND BALANCES

Art. VI, Sec. 27 - … otherwise, he shall veto it and return

a) l a w m a k i n g p o w e r o f
the same with his objections to the House where it
Congress;
originated,… which shall enter the objections at large in its
Journal and proceed to reconsider it. If, after such
b) is checked by veto power of
reconsideration, two-thirds of all the Members of such
the President;
House shall agree to pass the bill, it shall be sent, together
with the objections, to the other House by which it shall
c) w h i c h i n t u r n m a y b e
likewise be reconsidered, and if approved by two-thirds of
overridden by legislature.
all the Members of that House, it shall become a law.

a) C o n g re s s m a y w i t h h o l d
concurrence; Art. VII, Sec. 19 - …He shall also have the power to grant
amnesty with the concurrence of a majority of all the
b) to an amnesty proclaimed by Members of the Congress.
the President.

a) P r e s i d e n t m a y n u l l i f y Art. VII, Sec. 19 - Except in cases of impeachment, or as

conviction in criminal case; otherwise provided in this Constitution, the President may
grant reprieves, commutations, and pardons, and remit
b) by pardoning the offender. fines and forfeitures, after conviction by final judgment.
 INSTANCES OF CHECKS AND BALANCES
a) S e n a t e m a y w i t h h o l d
concurrence; Art. VII, Sec. 21 - No treaty or international
agreement shall be valid and effective unless concurred
b) to treaty or international in by at least two-thirds of all the Members of the
agreement concluded by the Senate.
President.

a) C o n g r e s s m a y l i m i t
jurisdiction; Art. VIII, Sec. 2 - The Congress shall have the power
to define, prescribe, and apportion the jurisdiction of
b) of the Supreme Court and the various courts but may not deprive the Supreme
that of inferior courts and Court of its jurisdiction over cases enumerated in
even abolish the latter Section 5 hereof.
tribunals.

a) Judiciary may invalidate an

act done by; Art. VIII, Sec. 1 - … and to determine whether or not
there has been a grave abuse of discretion amounting
b) Congress, the President and to lack or excess of jurisdiction on the part of any
his subordinates, or branch or instrumentality of the Government.
Constitutional Commissions.
END