Separation of powers, Constitutional Law
1. Actual Division in our Constitution
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. (Angara v. The Electoral Commission, G.R. No. L-45081, 15 July 1936)
a. The 3 branches of Government
It is the duty of the Legislature to make the law; of the Executive to execute the law; and of the Judiciary to construe the law. The Legislature has no authority to execute or construe the law, the Executive has no authority to make or construe the law, and the Judiciary has no power to make or execute the law. Subject to the Constitution only, the power of each branch is supreme within its own jurisdiction, and it is for the Judiciary only to say when any Act of the Legislature is or is not constitutional. (The United States v. Ang Tang Ho, G.R. No. 17122, 27 February 1922)
1) Enforcement of national budget
The enforcement of the national budget, as primarily contained in the General Appropriations Act (GAA), is indisputably a function both constitutionally assigned and properly entrusted to the Executive branch of government. (Belgica v. Ochoa, Jr., En Banc, G.R. No. 208566, 19 November 2013)
Thus, unless the Constitution provides otherwise, the Executive department should exclusively exercise all roles and prerogatives which go into the implementation of the national budget as provided under the GAA as well as any other appropriation law. (Ibid.)
2. Inter-Branch Courtesy
Inter-branch courtesy is but a consequence of the doctrine of separation of powers. (Kilusang Mayo Uno v. Aquino, G.R. No. 210500, 02 April 2019)
The concept of separation of powers presupposes mutual respect by and between the three departments of the government. (Tecson v. Salas, G.R. No. L-27524, 31 July 1970)
3. Independence of each Branch
The concept of the independence of the three branches of government, on the other hand, extends from the notion that the powers of government must be divided to avoid concentration of these powers in any one branch; the division, it is hoped, would avoid any single branch from lording its power over the other branches or the citizenry. To achieve this purpose, the divided power must be wielded by co-equal branches of government that are equally capable of independent action in exercising their respective mandates; lack of independence would result in the inability of one branch of government to check the arbitrary or self-interest assertions of another or others. (Re: COA Opinion on the Computation of the Appraised Value of the Properties Purchased by the Retired Chief/Associate Justices of the Supreme Court, En Banc, A.M. No. 11-7-10-SC, 31 July 2012)
The Constitution expressly prohibits Congress from depriving the Supreme Court of its jurisdiction, as enumerated in Section 5, Article VII of the Constitution, or from passing a law that undermines the security of tenure of the members of the judiciary. The Constitution also mandates that the judiciary shall enjoy fiscal autonomy, and grants the Supreme Court administrative supervision over all courts and judicial personnel. Jurisprudence has characterized administrative supervision as exclusive, noting that only the Supreme Court can oversee the judges and court personnel’s compliance with all laws, rules and regulations. No other branch of government may intrude into this power, without running afoul of the doctrine of separation of powers. (Re: COA Opinion on the Computation of the Appraised Value of the Properties Purchased by the Retired Chief/Associate Justices of the Supreme Court, En Banc, A.M. No. 11-7-10-SC, 31 July 2012)
4. In relation to Doctrine of Exhaustion of Administrative Remedies
In connection with acts of administrative agencies, ripeness is ensured under the doctrine of exhaustion of administrative remedies. Courts may only take cognizance of a case or controversy if the petitioner has exhausted all remedies available to it under the law. The doctrine ensures that the administrative agency exercised its power to its full extent, including its authority to correct or reconsider its actions. It would, thus, be premature for courts to take cognizance of the case prior to the exhaustion of remedies, not to mention it would violate the principle of separation of powers. (Kilusang Mayo Uno v. Aquino, G.R. No. 210500, 02 April 2019)
5. Checks and balances
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. (Angara v. The Electoral Commission, G.R. No. L-45081, 15 July 1936)
For example, the Chief Executive under our Constitution is so far made a check on the legislative power that this assent is required in the enactment of laws. This, however, is subject to the further check that a bill may become a law notwithstanding the refusal of the President to approve it, by a vote of two-thirds or three-fourths, as the case may be, of the the Legislature. The President has also the right to convene the the Legislature in special session whenever he chooses. (Ibid.)
On the other hand, the the Legislature operates as a check on the Executive in the sense that its consent through its Commission on Appointments is necessary in the appointments of certain officers; and the concurrence of a majority of all its members is essential to the conclusion of treaties. Furthermore, in its power to determine what courts other than the Supreme Court shall be established, to define their jurisdiction and to appropriate funds for their support, the Legislature controls the judicial department to a certain extent. The the Legislature also exercises the judicial power of trying impeachments. (Ibid.)
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. (Ibid.)
6. Delegation of powers
Our governmental structure rests on the principle of separation of powers. Under our constitutional order, the legislative branch enacts law, the executive branch implements the law, and the judiciary construes the law. In reality, however, the powers are not as strictly confined or delineated to each branch. The growing complexity of modern life, the multiplication of the subjects of governmental regulation, and the increased difficulty of administering the laws require the delegation of powers traditionally belonging to the legislative to administrative agencies. The legislature may likewise apportion competencies or jurisdictions to administrative agencies over certain conflicts involving special technical expertise. (The Provincial Bus Operators Association of the Philippines v. DOLE, En Banc, G.R. No. 202275, 17 July 2018)
