the powers of government

8/14/2019 The Powers of Government

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THE POWERS OF

GOVERNMENT


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Principle of Separation ofPowers

The system ofseparation of powerscontemplates thedivision of the

functions ofgovernment into itsthree (3) branches:the legislative which

is empowered tomake laws; theexecutive which isrequired to carry outthe law; and the

judiciary which is

LEG

ISLATIVE

EX

ECUTIVE

JU

DICIAL


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INTERDEPENDENCE, NOT TOTALINDEPENDENCE

The separation of powersis a fundamental principle inour system of government. Itobtains not through expressprovision but by actual division inour Constitution. Each departmentof the government has exclusive

cognizance of matters within its jurisdiction, and is supreme withinits own sphere. But it does notfollow from the fact that the threepowers are to be kept separateand distinct that the Constitutionintended them to be absolutely

unrestrained and independent ofeach other. The Constitution hasprovided for an elaboratesystem of checks and balancesto secure coordination in theworkings of the variousdepartments of the

government.

This is not tosay, however, thatthese branches ofgovernment aretotally independentof each other.

Rather, the systemlaid down under ourpresent Constitutionprescribes interplayin the exercise o

those separate anddistinct powers.


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First, legislative power

a paramount force in a

republican system likeours. Being, as we are,

a government of laws

and not of men, all theinherent powers of ou

State police power,

taxation and eminen

domain can only beexercised through

legislative fiat.

So, whatpowers are

involved inthis systemand how isthe interplayeffected?


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But, what is legislative power?

Legislative power is the authority tomake laws and to alter or repeal them,and this power is vested with the

Congress under Section 1, Article VI ofthe 1987 Constitution which states:Section 1. The legislative power shall be vested in

the Congress of the Philippines which shall consist of aSenate and a House of Representatives, except to the

extent reserved to the people by the provision oninitiative and referendum.


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Legislative poweris

the authority, under the Constitution, to make laws, andto alter and repeal them. The Constitution, as the will ofthe people in their original, sovereign and unlimited

capacity, has vested this power in the Congress of thePhilippines. The grant of legislative power to Congress isbroad, general and comprehensive. The legislative bodypossesses plenary power for all purposes of civilgovernment. Any power, deemed to be legislative byusage and tradition, is necessarily possessed by Congress,unless the Constitution has lodged it elsewhere. In fine,except as limited by the Constitution, either expressly orimpliedly, legislative power embraces all subjects andextends to matters of general concern or common interest. (Ople vs. Torres)


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Congress inherent legislativepowers, broad as they may be, aresubject to certain limitations. As

early as 1927, in Government v.Springer, the Court has defined, inthe abstract, the limits on legislativepower in the following wise:

Someone has said that thepowers of the legislative department

of the Government, like theboundaries of the ocean, areunlimited. In constitutionalgovernments, however, as well asgovernments acting under delegatedauthority, the powers of each of thedepartments x x x are limited and

confined within the four walls of theconstitution or the charter, and eachdepartment can only exercise suchpowers as are necessarily impliedfrom the given powers. TheConstitution is the shore of legislativeauthority against which the waves oflegislative enactment may dash, butover which it cannot leap.

Butlegislativ

epower,asbroad

asitis,IsNOT

unrestrai

Th l i l ti i


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Thus, legislative power remains

limited in the sense that it is subject tosubstantive and constitutional

limitations which circumscribe both theexercise of the power itself and theallowable subjects of legislation. Thesubstantive constitutional limitationsare chiefly found in the Bill of Rightsand other provisions, such as Sec. 3,Art. VI of the Constitution prescribing

the qualifications of candidates forsenators.

---SJS vs. vs. Dangerous Drugs Board, et al.. GR # 157870,

Nov. 3, 2008


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However, to forestall the danger ofcongressional encroachment beyond

the legislative sphere, the Constitutionimposes two basic and relatedconstraints on Congress. It may not vestitself, any of its committees or its

members with either executive orudicial power. And, when it exercisesits legislative power, it must follow thesingle, finely wrought and exhaustively

considered, procedures specifiedunder the Constitution, including theprocedure for enactment of laws andpresentment. ( )


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Second, executive power

The executive power is vested in the President. It isgenerally defined as the power to enforce and administer laws. Itis the power of carrying the laws into practical operation andenforcing their due observance. This makes the President thesingle most powerful person in the state.

As head of the Executive Department, the President is theChief Executive. He represents the government as a whole andsees to it that all laws are enforced by the officials and employeesof his department. He has control over the executivedepartment, bureaus and offices. This means that he has theauthority to assume directly the functions of the executivedepartment, bureau and office, or interfere with the discretion ofits officials. Corollary to the power of control, the President alsohas the duty of supervising the enforcement of laws for themaintenance of general peace and public order. Thus, he isgranted administrative powerover bureaus and offices under hiscontrol to enable him to discharge his duties effectively.


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Aside from these, thePresident has other powersspecifically granted under theConstitution military power,the pardoning power, treatymaking power, among others and those powers granted under

the laws, including residualpowers granted under EO 292.


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Third,judicialpower.

This Courts power of judicial reviewis conferred on the judicial branch ofthe government in Section 1, ArticleVIII of our present 1987 Constitution:

SECTION 1. The judicial powershall be vested in one SupremeCourt and in such lower courts asmay be established by law.

Judicial power includes theduty of the courts of justice to settleactual controversies involving rightswhich are legally demandable andenforceable, and to determinewhether or not there has been agrave abuse of discretionamounting to lack or excess ofjurisdiction on the part of anybranch or instrumentality of thegovernment. (Emphasis supplied)

the most passive butnonetheless aspotent as legislat vested in the

Judiciary theSupreme Court andthe lower courtscreated by law. Thepower is referred toas the power ofjudicial review.

ive and executive


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x x x In times of social disquietude or politicalexcitement, the great landmarks of the Constitution areapt to be forgotten or marred, if not entirely obliterated.In cases of conflict, the judicial department is theonly constitutional organ which can be called uponto determine the proper allocation of powersbetween the several departments and among theintegral or constituent units thereof.

As any human production, our Constitution is of courselacking perfection and perfectibility, but as much as itwas within the power of our people, acting through theirdelegates to so provide, that instrument which is the

expression of their sovereignty however limited, hasestablished a republican government intended tooperate and function as a harmonious whole, under asystem of checks and balances, and subject to specificlimitations and restrictions provided in the said

instrument.


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The Constitution sets forth in no uncertain language the

restrictions and limitations upon governmental powersand agencies. If these restrictions and limitations aretranscended it would be inconceivable if theConstitution had not provided for a mechanism by whichto direct the course of government along constitutionalchannels, for then the distribution of powers would be mereverbiage, the bill of rights mere expressions of sentiment, andthe principles of good government mere political apothegms.Certainly, the limitations and restrictions embodied in ourConstitution are real as they should be in any livingconstitution. In the United States where no expressconstitutional grant is found in their constitution, thepossession of this moderating power of the courts, not tospeak of its historical origin and development there, has beenset at rest by popular acquiescence for a period of more thanone and a half centuries. In our case, this moderating power isgranted, if not expressly, by clear implication from

section 2 of article VIII of our Constitution.


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And when the judiciary mediates toallocate constitutional boundaries, it does notassert any superiority over the other departments; it

does not in reality nullify or invalidate an act of thelegislature, but only asserts the solemn and sacredobligation assigned to it by the Constitution todetermine conflicting claims of authority underthe Constitution and to establish for the partiesin an actual controversy the rights which thatinstrument secures and guarantees to them. Thisis in truth all that is involved in what is termed"judicial supremacy" which properly is the power ofudicial review under the Constitution.

JUDICIAL SUPREMACY


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We find therefore that the powers of thesethree branches of government do not overlap; theseparation is real and exists as the powers areactually divided and allocated among the threebranches. The system has been elaboratelydesigned so that the branches interact, not

compete, with each other; so that the powerscomplement, not clash with, each other, so that inthe exercise of these powers, the branches checkand balance, not control, each other. Often,

however, conflicts arise as to the interpretationand exercise of these powers.

In cases involving separation of


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In cases involving separation ofpowers, the rulings of the SupremeCourt have streamed along certain

logical bases What the Constitution provides ;The Supreme Court, as guardian of the

Constitution, will always uphold what is providedunder the Constitution. To make its

determination, the Supreme Court interprets theConstitution, not as piecemeal provisions, but as awhole. Usually also, if it is possible to decide thecontroversy without putting its foot down on theusurpation-of-power issue, it will decide it onother considerations. Also, it will not shirk away

from its duty to settle controversies just because itis, or any one of its members, is in the thick of theissue. So there is no such thing as judicialrestraint, as long as all the requisites for

justiciability are present.


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In cases involving separation of powers, therulings of the Supreme Court have streamed

along certain logical bases

The nature of the power allegedlyusurped;

The Court will decide one

way or the other based on thenature of the power allegedlyusurped, if there is a clash

between the legislative andexecutive branches. However, if itis the judicial sphere which is beingencroached upon, it will always put

its foot down.


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In cases involving separation of powers, therulings of the Supreme Court have streamed

along certain logical bases

The protection of individual rights,if an individual person is caught inthe clash.

A paramount considerationwhen deciding cases involvingseparation of powers is whether ornot there is an individual rightwhich must be protected. For the

courts decide not merely toallocate the boundaries among thebranches of government, but alsoto provide relief to those who seek

judicial recourse meritoriously

the powers of government

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