Akin/interlaced with police power w/c is exercised by
state to promote general welfare
Salus populi est suprema lex
2, 9 promote a just and dynamic social order 2, 10 social justice 2, 11 full respect to human rights 2, 12 protect life of mother and unborn 13, 3.1 full protection to labor 13, 4 agrarian reform program 13, 9 urban land reform and housing 13, 10 urban/rural poor dwellers not evicted 13, 11 health development program
Locus standi right to be heard in court
DOCTRINE OF SEPARATION OF POWERS SYSTEM OF CHECKS AND BALANCES
6, 27.1 veto power of P, C may override veto (2/3) 7, 16.1 P nominate, w/consent from CoA heads of exec dept, diplomats, AFP 7, 18.1 martial law by P 7, 18.3 SC reviews factual basis for ML 7, 19.2 P grants amnesty w/majority of C 7, 21 treaty/intl agreement concurred by 2/3 senate 8, 1.1 judicial power to SC 8, 1.2 settle actual controversies, det. grave abuse 8, 5, 2a treaty review by SC 11, 3.2,3,6 Impeachment (HR initiates, 1/3 to affirm or override resolution, Senate decides)
Angara vs. Electoral Commission LAUREL, J.: The separation of powers is a fundamental principle in our system of government. It obtains not through express provision but by actual division in our Constitution. Each department of the government has exclusive cognizance of matters within its jurisdiction, and is supreme within its own sphere. But it does not follow from the fact that the three powers are to be kept separate and distinct that the Constitution intended them to be absolutely unrestrained and independent of each other. The Constitution has provided for an elaborate system of checks and balances to secure coordination in the workings of the various departments of the government.
Abueva vs. Woods JOHNSON, J.: If the courts could intervene in the administration of the other independent departments of the government or vice versa, they would break away from those checks and balances of government which were meant, under our system of government, to be checks of cooperation and not of antagonism or mastery, and would concentrate in their own hands something at least of the power which the people, either directly or by the action of their representatives, decided to entrust to the other departments of the government.
People vs. Rosenthal LAUREL, J.: The theory of the separation of powers is designed by its originators to secure action and at the same time to forestall overaction which necessarily results from undue concentration of powers, and thereby obtain efficiency and prevent deposition. Thereby, the "rule of law" was established which narrows the range of governmental action and makes it subject to control by certain devices.
One thing, however, is apparent in the development of the principle of separation of powers and that is that the maximum of delegatus non potest delegare or delegata potestas non potest delegare, has been made to adapt itself to the complexities of modern governments, giving rise to the adoption, within certain limits, of the principle of "subordinate legislation", not only in the United States and England but in practically all modern governments.
Pangasinan Transpo Coop vs. PSC LAUREL, J.: Accordingly, with the growing complexity of modern life, the multiplication of the subjects of governmental regulation, and the increased difficulty of administering the laws, there is a constantly growing tendency toward the delegation of greater powers by the legislature, and toward the approval of the practice by the court.
Bengzon vs. Drilon GUTIERREZ JR., J.: It cannot be overstressed that in a constitutional government such as ours, the rule of law must prevail. The Constitution is the basic and paramount law to which all other laws must conform and to which all persons including the highest official of this land must defer. From this cardinal postulate, it follows that the three branches of government must discharge their respective functions within the limits of authority conferred by the Constitution. Under the principle of separation of powers, neither Congress, the President nor the Judiciary may encroach on fields allocated to the other branches of government. The legislature is generally limited to the enactment of laws, the executive to the enforcement of laws and the judiciary to their interpretation and application to cases and controversies.
Lopez vs. Yniguez PATAJO, J.: The doctrine of separation of powers still exists under the 1973 Constitution though in a modified form made necessary because of the adoption of certain aspects of the parliamentary system in the amended 1973 Constitution. The major powers of the Government have been distributed by the Constitution to the President, who is the head of the State and chief executive of the Republic, the Batasan Pambansa and the Judiciary. Under the doctrine of separation of Powers as interpreted by the decisions of the Court, mandamus will not he from one branch of the government to a coordinate branch to compel performance of duties within the latter's sphere of responsibility. More specifically, this Court cannot issue a writ of mandamus against the Batasan to compel it to give due course to the complaint for impeachment.
PRESIDENTIAL PARDON 7, 19.2 P grants amnesty w/majority of C
In re: Torres vs. Bureau of Corrections HERMOSISIMA, JR., J.: The grant of pardon, the determination of the terms and conditions of the pardon, the determination of the occurrence of the breach thereof, and the proper sanctions for such breach, are purely executive acts and, thus, are not subject to judicial scrutiny.
POLITICAL QUESTIONS Purely political questions are out of judicial review 8, 1 SC answers political questions to prevent abuse
PMPF vs. Manglapus Secrecy of negotiations with foreign countries is not violative of the constitutional provisions of freedom of speech or of the press nor of the freedom of access to information.
The nature of diplomacy requires centralization of authority and expedition of decision which are inherent in executive action. Another essential characteristic of diplomacy is its confidential nature.
BLENDING OF POWER
6, 27 veto power of P 7, 19.2 P grants amnesty w/majority of C 7, 21 treaty/intl agreement concurred by 2/3 senate 8, 8.1 Judicial and Bar Council under SC 8, 8.9 members of SC app by P thru JBC (3/vacancy)
DELEGATION OF POWERS No delegation of legislative power unless:
Permitted by constitution Powers delegated to LGU When delegated to Admin bodies Delegated to people at large
People vs. Vera LAUREL, J.: The rules governing delegation of legislative power to administrative and executive officers are applicable or are at least indicative of the rule which should be here adopted.
An exception sanctioned by immemorial practice permits the central legislative body to delegate legislative powers to local authorities. Courts have also sustained the delegation of legislative power to the people at large.
US vs. Barrias TRACEY, J.: One of the settled maxims in constitutional law is, that the power conferred upon the legislature to make laws cannot be delegated by that department to anybody or authority. Where the sovereign power of the State has located the authority, there it must remain; only by the constitutional agency alone the laws must be made until the constitution itself is changed. The power to whose judgment, wisdom, and patriotism this high prerogative has been entrusted cannot relieve itself of the responsibility by choosing other agencies upon which the power shall be developed, nor can its substitutes the judgment, wisdom, and patriotism and of any other body for those to which alone the people have seen fit to confide this sovereign trust.
This doctrine is based on the ethical principle that such a delegated power constitutes not only a right but a duty to be performed by the delegate by the instrumentality of his own judgment acting immediately upon the matter of legislation and not through the intervening mind of another.
CONSTITUTIONAL COMMISIONS
6, 23.2 in war, P carries out declared natl policy 6, 28.2 C authorizes P to fix tariff rates, I&E 8, 5.5 SC protects/enforces consti rights, pleading, prac and proc in courts, adm to bar, and leg assistance 18, 6 P legislates until C convenes *functus officio having performed his office
TEST IF DELEGATION IS VALID
Completeness Test complete in all terms, all conditions Sufficient Standard Test definite guidelines
Cervantes vs. Auditor General REYES, J.: As to the first ground, the rule is that so long as the Legislature "lays down a policy and a standard is established by the statute" there is no undue delegation.
Pelaez vs. Auditor General CONCEPCION, J.: Although Congress may delegate to another branch of the Government the power to fill in the details in the execution, enforcement or administration of a law, it is essential, to forestall a violation of the principle of separation of powers, that said law: (a) be complete in itself it must set forth therein the policy to be executed, carried out or implemented by the delegate and (b) fix a standard the limits of which are sufficiently determinate or determinable to which the delegate must conform in the performance of his functions. Indeed, without a statutory declaration of policy, the delegate would in effect, make or formulate such policy, which is the essence of every law; and, without the aforementioned standard, there would be no means to determine, with reasonable certainty, whether the delegate has acted within or beyond the scope of his authority.