Separation and Delegation of Powers

Question 1

What are the constitutional bases for Separation of Powers?

Answer 1

Article VI, Section 1. Legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

Article VII, Section 1. The executive power shall be vested in the President of the Philippines.

Article VIII, Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

Question 2

What is the Purpose for Separation of Powers?

Answer 2

The doctrine is intended to prevent a concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of our republican institution.
- The doctrine is intended to secure action, to forestall over-action, to prevent despotism and to obtain efficiency. (Justice Laurel)
- It ordains that each of the three great branches of the government has exclusive cognizance of and is supreme in matters falling within its own constitutionally allocated sphere.

Question 3

What is Blending of Powers?

Answer 3

When powers are not confined exclusively within one department but are assigned to be shared by several departments.

Question 4

What are Checks and Balances?

Answer 4

When one department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments.
- Theory: The ends of the government are better achieved through the exercise by its agencies of only the powers assigned to them, subject to reversal in proper cases by those constitutionally authorized.

Question 5

What is the Role of the Judiciary?

Answer 5

When the Supreme Court mediates to allocate constitutional boundaries or invalidates the acts of a coordinate body, what it is upholding is no its own supremacy by the supremacy of the Constitution.

Question 6

What is a Justiciable Question?

Answer 6

A purely justiciable question implies a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law, for said breach of right.

Question 7

What is a Political Question?

Answer 7

Political Question connotes a question of policy. It refers to those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. It is concerned with issues dependent upon the wisdom, not legality, of a particular measure.

Question 8

Political Question is characterized as?

Answer 8

characterized as a question, which under the Constitution, is to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. The Court cannot intervene in matters concerning a question of policy, an issue dependent upon the wisdom, not the legality of the Senate’s action.

Question 9

Political Questions under the new constitution:

Answer 9

Rule VIII, Section 1, Paragraph 2.
Expanded Definition of Judicial Power:
- Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

Question 10

What is the basis of the Principle in Delegation of Powers?

Answer 10

“Protestas delegate non potest delegare” - What has been delegated cannot be delegated

Question 11

What are the 5 Permissible Delegations?

Answer 11

1. Delegation of legislative power to the People at large
2. Delegation of legislative powers to Administrative bodies
3. Delegation of legislative powers to Local governments
4. Delegation of Emergency powers to the President
5. Delegation of Tariff powers to the President.

Question 12

Explain what is the delegation to the people at Large

Answer 12

Legislative power shall be vested in the Congress except to the extent reserved to the people by the provisions of initiative and referendum.

Question 13

What is the difference between Initiative and Referendum?

Answer 13

An initiative refers to the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose.

A referendum is the power of the electorate to approve or reject a legislation through an election call for the purpose. It is a method of submitting important legislative measure to a direct vote of the whole people.

Question 14

What are the three systems of initiative?

Answer 14

Initiative on the Constitution
Initiative on Statutes
Initiative on Local Legislations

Question 15

What are the 2 classes of Referendum?

Answer 15

Referendum on Statutes and Referendum on Local Laws

Question 16

Define plebiscite

Answer 16

The decree of the people.
It is a device to obtain a direct popular vote on a matter of political importance but chiefly in order to create some more or less permanent political
conditions.
It refers to the electoral process by which a initiative on the Constitution is approved or rejected by the people.

Question 17

Explain Delegation to Administrative Agencies

Answer 17

• The national legislature has found it necessary to entrust to administrative agencies the “Power of Subordinate Legislation.
• Administrative bodies may implement the broad policies laid down in a statute by “filling in” the details which the Congress may not have the opportunity or competence to provide. This is effected by the promulgation known as “Supplementary Regulations.”
• Administrative Agencies are allowed to ascertain the existence of particular contingencies and on the basis thereof enforce or suspend the operation of a law.

Question 18

Explain Delegation to the Local Government.

Answer 18

Local government units are more knowledgeable than the lawmaking body on matters of purely local concern and are, therefore, in a better position to enact the necessary and appropriate legislation thereon.

Question 19

Define Police Power in relation to the Delegation to the Local Government

Answer 19

Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of general welfare.

Question 20

Define Eminent Domain in relation to the Delegation to the Local Government

Answer 20

The local government unit may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose, or welfare for the benefit of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws

Question 21

Define Taxation in relation to the Delegation to the Local Government

Answer 21

Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.

Question 22

What is the Constitutional Basis for the Delegation of Emergency Powers

Answer 22

Article VI, Section 23(2). In times of war or other national emergency, the Congress may by law authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdraw by a resolution of the Congress, such powers shall cease upon its next adjournment.

Question 23

What are the 4 Conditions for the delegation of Emergency Powers?

Answer 23

1. There must be war or other national emergency;
2. The delegation must be for a limited period only;
3. The delegation must be subject to such restrictions as the Congress may prescribe;
4. The emergency powers must be exercised to carry out a national policy declared by the Congress.

Question 24

What does “other national emergency” include?

Answer 24

May include rebellion, economic crisis, pestilence or epidemic, typhoon, flood, or other similar catastrophe of nation-wide proportions or effects.

Question 25

What are the conditions for the vesture of emergency powers in the President

Answer 25

1. There must be war or other national emergency;
2. The delegation must be for a limited period only;
3. The delegation must be subject to such restrictions
   as the Congress may prescribe;
4. The emergency powers must be exercised to carry
   out a national policy declared by the Congress.

Question 26

What is presidential proclamation No. 1017

Answer 26

Proclamation Declaring the State of National Emergency.

Question 27

What is the Constitutional Basis for the Delegation of Tariff Powers?

Answer 27

Article VI, Section 28(2). The Congress may by law authorize the President to fix within specified limits, and subject to such limitation and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts, within the framework of the national development program of the Government.

Question 28

What is the purpose for the Delegation of Tariff Powers to the President?

Answer 28

• The President is granted flexible tariff powers due to the necessity of the President to act immediately on certain matters affecting the national economy lest delay in results in hardship to the people.
• The legislative process is too cumbersome for the speedy solution of some economic problems, especially foreign trade.

Question 29

What are the two Tests of Valid Delegation?

Answer 29

1. Completeness Test; and
2. Sufficient Standard Test

Question 30

Explain the Completeness Test

Answer 30

The law must be complete in all its essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it.

Question 31

Explain the Sufficient Standard Test

Answer 31

This test is intended to map out the boundaries of the delegate’s authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected. This is intended to prevent a total transference of legislative power from the legislature to the delegate. The standard is usually indicated in the law delegating legislative power.