8/4/2019 4th meeting assignment
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1. Separation and Delegation of Powers
1.1. In the Constitution
The major departments (Art. VI, VII, and VIII)
The constitutional commissions (Art. IX)
The other independent bodies {e.g. the Electoral Tribunals [Sec.
17, Art. VI and Sec. 4(last par), Art. VII]; the Commission on
Appointments (Sec. 18, Art. VI); the Judicial and
Bar Council (Sec. 8, Art. VIII)}
1.2. Manner of Conferment of Power
Express
o Legislative power to Congress (Sec. 1, Art. VI)
o Executive power to the President (Sec. Art. VII)
o Judicial power to SC, lower courts (Sec. 1, Art. VIII)
o Others (e.g. powers of the independent constitutional
bodies)
Implied (Doctrine of Necessary Implication)
Angara vs. EC, 63 Phil 139
Arnault vs. Nazareno, 87 Phil 29
Inherent or incidental
In re Dick, 38 Phil 41
In re Sotto, 82 Phil 595
1.3. Purpose of separation of powers
1.4. Corollary Concepts
Blending (Overlap) of Powers
Springer vs. PI, 277 US 189
Checks and Balances
o Lawmaking by Congress, veto by the President, override of the
veto by theCongress (Sec. 27, Art. VI)
o Grant of amnesty by the president, concurrence by the Congress
(Sec. 19, Art.
VI)
o Entry into treaty by the president, concurrence by the Senate
(Sec. 20, Art. VII)
o Conviction by the judiciary, pardon by the President (Sec. 19,
Art. VIII)
o Jurisdiction of courts may be reduced by the Congress (Sec. 2,
Art. VIII)
o Congress may abolish lower courts (Sec. 1 and 2, Art.
VIII)
Ocampo vs. Sec., GR L-7918, 1/18/55
De la Llana vs. Alba, 112 SCRA 294
Delegation of Powers
o General Rule:potestas delegata non delegari potest
Basis
o Exception: instances of permissible delegation
Tariff powers to the president [Sec. 28 (2), Art. VI]
Emergency powers to the president [Sec 23 (2), Art. VI]
Araneta vs. Dinglasan, 84 Phil 368
Rodriguez vs. Gella, 92 Phil 603
Legislative power to the people at large: System on initiative
and referendum
(Sec. 32, Art. VI)
Legislative power to LGUs (See Sec. 16 and 19 of RA 7160)
Legislative power to administrative bodies (power of subordinate
legislation)
i. Basis
Cruz vs. Youngberg, 56 SCRA 234ii. How effectediii. Tests of
valid delegation:
a. Completeness test
US vs. Ang Tang Ho, 43 Phil 1
b. Sufficient standards test
Pp vs. Rosenthal, 68 Phil 328
Cervantes vs. Auditor, 91 Phil 359
