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ADMINISTRATIVE LAW = It is a branch of public law fixing the organization and determines the

competence of administrative authorities, and indicates the individual remedies for the violation of the
rights.
POLITICAL LAW = It is that branch of public law which deals with the organization and operations of
the governmental organs of the State and defines its relations with the inhabitants of the territory.
(People v. Perfecto, G.R. No. L18463, October 4, 1922)
MUNICIPAL CORPORATION = body politic and corporate constituted by the incorporation of
inhabitants for purposes of local government. It is established by law partly as an agency of the State
to assist in the civil government of the country, but chiefly to regulate and administer the local or
internal affairs of the city, town or district which is incorporated. (Dillon, Municipal Corporations, Vol.2,
pp. 5859.)
LAW ON PUBLIC OFFICER = The right, authority and duty, created and conferred by law, by which,
for a given period either fixed by law or enduring at the pleasure of the creating power, an individual is
invested with some portion of the sovereign functions of government, to be exercised by that
individual for the benefit of the public. [Floyd R. Mechem quoted in Fernandez v. Sto. Tomas (1995)]
DOCTRINE OF SEPARATION OF POWERS = What is the Doctrine of Separation of Powers? A: In
essence, separation of powers means the legislation belongs to Congress, execution to the
executive, settlement of legal controversies to the judiciary. Each is therefore prevented from invading
the domain of the others.
What is the purpose of separation of powers?
To prevent the concentration of authority in one person or group of persons that might lead to
irreparable error or abuse in its exercise to the detriment of republican institutions. The purpose was
not to avoid friction, but, by means of the inevitable friction incident to the distribution of governmental
powers among the three departments, to save the people from autocracy.
1. To secure action
2. To forestall overaction
3. To prevent despotism
4. To obtain efficiency
What is the principle of Blending of Powers?
A: It is an instance when powers are not confined exclusively within one department but are assigned
to or shared by several departments.
Examples of the blending of powers are the following:
1. Power of appointment which can be exercised by each department and be rightfully exercised by
each department over its own administrative personnel;
2. General Appropriations Law President prepares the budget which serves as the basis of the bill
adopted by Congress;
3.Amnesty granted by the President requires the concurrence of the majority of all the members of
the Congress; and
4. COMELEC does not deputize lawenforcement agencies and instrumentalities of the government
for the purpose of ensuring free, orderly, honest, peaceful and credible elections alone (consent of the
President is required)
3 branches of Government
Executive = implementation of laws (power of the sword)
Legislative = making laws (power of the purse)
Judiciary = interpretation of laws (power of judicial review)
Note: Legislative power is given to the Legislature whose members hold office for a fixed term (Art.
VI, Sec.1); executive power is given to a separate Executive who holds office for a fixed term (Art. VII,
Sec.1); and judicial power is held by an independent Judiciary. (Art. VIII, Sec.1)