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 Gen...

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