Principle of Separation of Power

Principle of separation of powers
1) Presidential system - the powers of government, by virtue of this principle, are divided
into three (3) distinct classes: the legislative, the executive, and the judicial. They are
distributed, respectively, among the legislative, executive, and judicial branches or
departments of the government.
Under the principle of co-equal and coordinate powers among the three (3) branches, the
officers entrusted with each of these powers are not permitted to encroach upon the
powers confided to the others. If one department goes beyond the limits set by the
constitution, its acts are null and void. The adoption of this principle was motivated by the
belief that arbitrary rule would result if the same person or body were to exercise all the
powers of government. The accumulation of powers in one person or department of
government is considered one of the chief characteristic evils of tyrannical and despotic
forms of government. The idea is not to set one branch against the other but, above all,
to promote governmental efficiency by insuring that all functions of government are
performed by the people (or branch) especially assigned to discharge them.
Under this system adopted by the 1935 Charter and present constitution, the President
who is the head of government is elected directly by the people for a fixed term of office.
2) Parliamentary System - the three-fold division of power is observed in the presidential
form of government which is distinguished by the separation of authority between the
executive and legislative organs. Under the parliamentary form, there is a fusion rather
than a separation between the two organs so that in a sense, the two are one body
performing two governmental functions: policy-making and policy-executing. Under this
system, the Prime Minister who is the head of government is elected by parliament without
a fixed term of office.
Principle of checks and balances
Under the constitution, there is no absolute separation among the three principal organs
of government. Constitutional provisions authorize a considerable amount of
encroachment of checking by one department in the affairs of the others. The system of
checks and balances is also observed along with the doctrine of separation of powers to
make the presidential system workable.
The three co-equal departments are established by the Constitution in as balanced
positions as possible. To maintain this balance or to restore it if upset, each department
is given certain powers with which to check the others. Thus:
1) Checks by the President. - The President may veto or disapprove bills enacted by
congress (Sec.27 [1].), and through the pardoning power, he may modify or set aside the
judgments of courts. (Art. VII, Sec.19).
2) Checks by Congress - On the other hand, Congress may override the veto of the
President (Sec.27[1].); reject certain appointments of the President (Art. VII, Sec. 16);
revoke the proclamation of martial law or suspension of the privilege of the writ of habeas
corpus by Art. VII the President (Ibid., Sec. 18); and amend or revoke decisions of the
courts (by the enactment See, 18 of a new law or by an amendment of the old, giving it
such meaning and interpretation as to wipe out the effect of such decisions). It has
likewise the power to define, prescribe, and apportion the jurisdiction of the various courts
(Art. VIII, Sec 2.); prescribe the qualifications of judges of lower courts (Ibid., Sec. 7[2].);
determine the salaries of the President and Vice-President (Art VII, Sec. 6.), the members
of the Supreme Court judges of lower courts (Art. VIII, Sec. 10.); and impeach the
President and members of the Supreme Court. (Art. X, Sec. 2.).
Delegation of emergency powers

Section 23(2) is an exception to the rule that the Congress may not delegate its legislative
authority to any other office, agency, or entity. (see Sec. 28[2].) During the grave
emergencies, it may not be possible or practicable for Congress to meet and exercise
powers. To meet any such occasion, the Constitution expressly permits Congress to grant
legislative powers to the President, subject to certain conditions as follows:
1) The emergency powers may be granted by law to the President only in timed of war
(whether declared or not) or other national emergency (e.g., rebellion, grave economic
depression). It is the Congress that determines whether there is war or national
emergency (see Art. XII, Sec. 17.);
2) The said powers must be exercised only during a limited period, that is, for the duration
of the war or other national emergency;
3) They must be exercised subject to such restrictions (e.g., requiring the President to
make a report to the Congress when it meets in session) as the Congress may prescribe;
4) They must be exercised to carry out national policy as declared in the law delegating
the authority; and
5) They shall automatically cease upon the next adjournment (i.e., adjournment of the
next session) of Congress, unless sooner withdrawn by resolution in view of its opinion
that the emergency powers by the President even when the national emergency for which
the powers were intended no longer exist.

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Delegation of emergency powers

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