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Separation of Powers-Notes

The document discusses the separation of powers between the branches of government in the Philippines based on a 2003 Supreme Court case. It argues that the judiciary has the power of judicial review to determine the validity of impeachment complaints and ensure no branch exceeds its authority. It cites a previous 1936 case that established the judiciary as the mechanism to allocate powers constitutionally between branches. While branches have separate powers, checks and balances are built in, with the Supreme Court as the final arbiter to declare acts of other branches void if unconstitutional.

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Zyldjyh C. Pactol-Portuguez
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49 views

Separation of Powers-Notes

The document discusses the separation of powers between the branches of government in the Philippines based on a 2003 Supreme Court case. It argues that the judiciary has the power of judicial review to determine the validity of impeachment complaints and ensure no branch exceeds its authority. It cites a previous 1936 case that established the judiciary as the mechanism to allocate powers constitutionally between branches. While branches have separate powers, checks and balances are built in, with the Supreme Court as the final arbiter to declare acts of other branches void if unconstitutional.

Uploaded by

Zyldjyh C. Pactol-Portuguez
Copyright
© Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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SEPARATION OF POWERS (FRANCISIO V.

HR, 2003) Judicial Review Issue: Petitioners plead for the SC to exercise the power of judicial review to determine the validity of the second impeachment complaint. Arguments: o Section 1 Article VII of the 1987 Constitution: The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. o 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. Justice Laurels argument on the case of Angara V. Electoral Commission (1936): In cases of conflict, the judicial department is the only constitutional organ which can be called upon to determine the proper allocation of powers between the several departments and among the integral or constituent units thereof. The Constitution sets forth in no uncertain language the restrictions and limitations upon governmental powers and agencies. If these restrictions and limitations are transcended it would be inconceivable if the Constitution had not provided for a mechanism by which to direct the course of government along constitutional channels. The Constitution itself has provided for the instrumentality of the judiciary as the rational way. And when the judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments; it does not in reality nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them.

o o o

The moderating power to determine the proper allocation of powers in inherent in all courts as a necessary consequence of the judicial power itself. A law repugnant to the constitution is void. The separation of powers is a fundamental principle in our system of government. It obtains not through express provision but by actual division in our Constitution. Each department of the government has exclusive cognizance of matters within its jurisdiction, and is supreme

within its own sphere. But it does not follow from the fact that the three powers are to be kept separate and distinct that the Constitution intended them to be absolutely unrestrained and independent of each other. The Constitution has provided for an elaborate system of checks and balances to secure coordination in the workings of the various departments of the government. And the judiciary in turn, with the Supreme Court as the final arbiter, effectively checks the other departments in the exercise of its power to determine the law, and hence to declare executive and legislative acts void if violative of the Constitution

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