Essay on Separation of Powers under Philippine Settings

Gerhard Casper (1989), in his Essay on Separation of Powers: Some

Early Versions and Practices quoted Montesquieus clear concept of check
and balance which states:
When the legislative and executive powers are united in the
same person, or in the same body of magistrates, there can be
no liberty; because apprehensions may arise, lest the same
monarch or senate should enact tyrannical laws, to execute
them in a tyrannical manner.
Again, there is no liberty, if the power of judging be not
separated from the legislative and executive powers. Were it
joined with the legislative, the life and liberty of the subject
would be exposed to arbitrary control, for the judge would then
be the legislator. Were it joined to the executive power, the
judge might behave with all the violence of an oppressor (Spirit
of Laws, 1748)
The Philippines, being a democratic and republican state, observes
the principle of separation of powers and a system of check and balances.
This is a fundamental principle of law that maintains that all three organs of
government remain separate and co-equal. The powers of the government
by virtue of this principle are divided and distributed respectively to the
three branches of the government namely the Legislative, the Executive,
and the Judiciary.
The legislative power is vested upon the bicameral Congress of the
Philippines which consist of the House of Representatives and the Senate.
In Government of the Philippine Islands v. Spinger (G.R. No. L-26979, April
1, 1927), the Supreme Court defined legislative power as the authority,
under the constitution, to make laws, and to alter and repeal them.
The executive power shall be vested in the President of the
Philippines (Art. VII, Sec. I). As head of the Executive Department, the
President is the Chief Executive. He represents the government as a whole
and sees to it that all laws are enforced by the officials and employees of
his department. He has control over the executive department, bureaus
and offices. This means that he has the authority to assume directly the
functions of the executive department, bureau and office or interfere with
the discretion of its officials. Corollary to the power of control, the President
also has the duty of supervising the enforcement of laws for the
maintenance of general peace and public order. Thus, he is granted
administrative power over bureaus and offices under his control to enable
him to discharge his duties effectively.
The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law (Art. VIII Sec I). This 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.
In Neri v. Senate Committee (G.R. No. 180643, March 25, 2008), the
Supreme Court en banc concluded that the Separation of Powers often
impairs efficiency, in terms of dispatch and the immediate functioning of
government. It is the long-term staying power of government that is
enhanced by the mutual accommodation required by the separation of
powers.
The three co-equal branches are established by the Constitution in a
balanced position as possible, and to maintain this balance, certain powers
are given to check the others. Thus:
Checks by the President - The President may veto or disapprove bills
acted by the Congress (Art. VI, Sec. 27 [1]) and except in cases of
impeachment, can modify or set aside the judgment of courts (Art. VII, Sec.
19)
Checks by the Congress - On the other hand, the 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 the President
(Sec. 18); and amend or revoke decisions of the court by enactment of a
new law or by an amendment. It has also the power to define, prescribe,
and apportion the jurisdiction of the various courts (Art. VIII Sec. 2);
prescribe qualifications of judges of lower courts (Sec. 7[2]); determine the
salaries of the President and Vice President (Art. VII, Sec. 6), the members
of the Supreme Court and judges of the lower courts (Art VIII Sec. 10) ; and
impeach the President and members of the Supreme Court (Art. XI, Sec. 2)
Checks by the Judiciary - In the same manner, the Judiciary through
the power of judicial review granted by the Constitution may declare a law,
treaty, international or executive agreement, presidential decree, order,
instruction, ordinance or regulation, in the courts, including Regional Trial
Courts (Betoy v Board of Directors, NPC, G.R No. 156556-57, October 4,
2011). The power was recognized under Section 4 [2] of Article VIII in which
the judiciary enforces and upholds the supremacy of the Constitution and
determine whether or not there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of the Congress or
the President (Sec. 2 [2])