Philippine Law: Checks and Balances under Political Law and Public International Law

I. Definition and Importance of Checks and Balances

Checks and balances is a fundamental constitutional principle in the Philippines that ensures the separation of powers among the three branches of government: the Executive, Legislative, and Judiciary. This doctrine is designed to prevent any one branch from becoming too powerful and to promote accountability, transparency, and good governance. Each branch has specific powers that enable it to check the actions of the other branches.

II. Separation of Powers: The Framework

The Constitution of the Philippines explicitly outlines the distribution of power across the three branches of government:

Executive Branch – Headed by the President, this branch is responsible for implementing and enforcing laws.
Legislative Branch – Consisting of the Senate and House of Representatives, it is responsible for creating laws.
Judicial Branch – Headed by the Supreme Court and other lower courts, it interprets laws and determines their constitutionality.

III. Mechanisms of Checks and Balances

The Philippine Constitution provides mechanisms for each branch to limit or review the powers of the other branches, ensuring that no branch oversteps its bounds. These mechanisms include:

Checks on the Executive Branch:
- Legislative Veto Power: Congress can review and reject presidential vetoes through a two-thirds vote in both the Senate and House of Representatives.
- Impeachment: The Legislature holds the power to impeach the President for high crimes, betrayal of public trust, graft and corruption, and other impeachable offenses (Article XI, 1987 Constitution).
- Budgetary Control: Congress exercises the "power of the purse," meaning it controls the national budget, and the President cannot spend public funds without legislative authorization.
- Commission on Appointments: The Senate has the power to confirm or reject the President’s appointments to key positions (e.g., Cabinet members, ambassadors, etc.).
Checks on the Legislative Branch:
- Presidential Veto: The President can veto legislation passed by Congress. However, Congress can override this veto with a two-thirds majority.
- Judicial Review: The Judiciary can declare laws passed by Congress unconstitutional through its power of judicial review (Section 1, Article VIII, 1987 Constitution).
- Senate Approval of Treaties: International agreements entered into by the Executive must be concurred in by at least two-thirds of the Senate (Article VII, Section 21).
Checks on the Judicial Branch:
- Impeachment: Justices of the Supreme Court and other judicial officers can be impeached by Congress for acts of malfeasance, misfeasance, or abuse of power.
- Budgetary Control: Although the Judiciary enjoys fiscal autonomy, its budget is still subject to review and approval by the Legislature.
- Executive Appointments: The President appoints justices of the Supreme Court based on the recommendations of the Judicial and Bar Council (JBC), which ensures a check on the Judiciary's composition.

IV. Key Constitutional Provisions

Several sections of the 1987 Philippine Constitution enshrine the principle of checks and balances:

Article VI (Legislative Department): Outlines the law-making powers of Congress and limits on legislative actions.
Article VII (Executive Department): Grants the President executive powers but provides limits through the veto power of the Legislature and judicial review.
Article VIII (Judicial Department): Establishes the independence of the Judiciary but subjects judicial acts to legislative oversight and executive appointments.
Article XI (Accountability of Public Officers): Provides the legal basis for impeachment and the accountability of public officers.

V. Application in Philippine Political Practice

Impeachment Cases:
- Impeachment of Joseph Estrada (2001): The Philippine Congress impeached President Joseph Estrada for corruption, leading to his ouster.
- Impeachment of Chief Justice Renato Corona (2012): Chief Justice Corona was impeached and removed from office for not fully disclosing his assets, liabilities, and net worth.
Judicial Review:
- The Supreme Court of the Philippines has declared laws unconstitutional on various occasions, such as the Priority Development Assistance Fund (PDAF) decision in 2013, which nullified the use of pork barrel funds by legislators.

VI. Role of International Law and the Doctrine of Checks and Balances

In the context of Public International Law, the principle of checks and balances is reflected in the participation of different branches of government in the ratification and enforcement of treaties and international agreements. For example:

The Executive negotiates and signs treaties, but the Senate must approve them with a two-thirds majority.
International obligations and treaties can be scrutinized by the Judiciary for constitutionality and compliance with local law.

Moreover, the Philippines’ commitment to international institutions, such as the United Nations, means that international human rights norms influence domestic governance, further reinforcing checks on power by ensuring that the government adheres to international standards.

VII. Conclusion

The checks and balances system in the Philippines is a cornerstone of its democratic governance. It maintains the separation of powers among the Executive, Legislative, and Judicial branches, ensuring that each can monitor and limit the others. This structure prevents abuse of power and promotes a balanced, accountable, and transparent government.