Separation of Powers

Separation of Powers under Political Law

1. Definition and Overview

The doctrine of Separation of Powers is a fundamental principle in democratic governments, including the Philippines, which divides the powers of government among three distinct branches: the Executive, Legislative, and Judiciary. Each branch is given its specific roles and powers, and no branch should encroach on the functions or powers of the others.

This system is designed to prevent the concentration of power in any one branch, ensure checks and balances, and maintain the rule of law.

2. Constitutional Basis

The principle of Separation of Powers is embedded in the 1987 Constitution of the Philippines:

• Article VI vests legislative power in the Congress of the Philippines (Senate and House of Representatives).
• Article VII vests executive power in the President.
• Article VIII vests judicial power in the Supreme Court and other inferior courts.

3. Key Functions of Each Branch

1. Legislative Branch (Congress)

   • Primary Function: Law-making. Congress is tasked with enacting laws and deciding on matters of national policy.
   • Additional Powers:
     • Power of the purse (budget approval and appropriations).
     • Power to declare war.
     • Power of impeachment (House initiates; Senate conducts trial).

2. Executive Branch (President)

   • Primary Function: Enforcement of laws. The President is responsible for implementing and executing laws passed by Congress.
   • Additional Powers:
     • Commander-in-chief of the armed forces.
     • Power of appointment (subject to confirmation in some cases).
     • Power to enter into treaties (subject to Senate concurrence).
     • Power to pardon, except in cases of impeachment.

3. Judicial Branch (Supreme Court and lower courts)

   • Primary Function: Interpretation of laws and adjudication of disputes. The Judiciary ensures that laws are consistent with the Constitution and resolves conflicts between individuals or between the State and its citizens.
   • Additional Powers:
     • Judicial review (power to declare laws or acts of government unconstitutional).
     • Issuance of writs such as habeas corpus, mandamus, and others.

4. Checks and Balances

The doctrine of Separation of Powers is complemented by a system of checks and balances, wherein each branch has mechanisms to prevent abuses of power by the others:

1. Congress's Check on the Executive:

   • Power to override a Presidential veto with a two-thirds vote.
   • Senate confirmation of certain Presidential appointments (e.g., members of the Cabinet, ambassadors).
   • Power of the purse, controlling budget allocations.
   • Power to impeach the President for culpable violations of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.

2. Congress’s Check on the Judiciary:

   • Power to impeach justices and judges for certain impeachable offenses.
   • Power to define jurisdiction of lower courts.
   • Power to amend the laws or Constitution if judicial decisions are perceived to misinterpret the law.

3. Executive’s Check on Congress:

   • Power to veto bills passed by Congress.
   • Power to call for special sessions of Congress.

4. Executive’s Check on the Judiciary:

   • Power of appointment of justices, with the concurrence of the Judicial and Bar Council (JBC).
   • Power to pardon individuals convicted of crimes (except impeachment cases).

5. Judiciary’s Check on Congress and the Executive:

   • Power of judicial review (as established in Article VIII, Section 1) allows the Supreme Court to declare acts of Congress or the Executive as unconstitutional, thus nullifying them.

5. Violations of Separation of Powers

Encroachments by one branch into the realm of another violate the principle of Separation of Powers. Examples include:

1. Judicial Overreach: The Judiciary may encroach on legislative or executive functions by issuing decisions that effectively create laws (a violation of the law-making power of Congress) or by dictating executive policy (a violation of the executive power).

2. Legislative Encroachment: Congress may pass laws that improperly limit the powers of the President (Executive) or attempt to define court procedures (which is the domain of the Judiciary).

3. Executive Overreach: The President may issue executive orders that contradict the laws passed by Congress or infringe on judicial authority by ignoring court orders or rulings.

6. Philippine Case Law on Separation of Powers

Several Supreme Court rulings have clarified the doctrine of Separation of Powers in the Philippines:

1. Angara v. Electoral Commission (G.R. No. L-45081, July 15, 1936):

   • This landmark case reinforced the principle of Separation of Powers and the system of checks and balances. The Court held that each department of government has exclusive cognizance of matters within its jurisdiction and that no branch may interfere with the others.

2. Estrada v. Sandiganbayan (G.R. No. 148965, November 19, 2001):

   • The Court ruled that the Judiciary could not interfere with the discretion of the Executive regarding the issuance of a pardon, thus upholding the President’s exclusive authority in that area.

3. Marcos v. Manglapus (G.R. No. 88211, September 15, 1989):

   • The Court ruled that in matters involving national security, the President has broad discretion, and the Judiciary should not unnecessarily intervene.

4. Imbong v. Ochoa (G.R. No. 204819, April 8, 2014):

   • The constitutionality of the Reproductive Health Law was challenged, but the Supreme Court upheld its validity, emphasizing that policy-making is the domain of the legislature, and courts should not interfere unless clear constitutional violations are present.

7. Limitations of the Doctrine of Separation of Powers

While the Separation of Powers is a cornerstone of governance, it is not absolute. Circumstances may call for inter-branch collaboration:

• Delegated Powers: Congress may delegate certain powers to the Executive, provided there are sufficient standards and limitations.
• Judicial Interpretation: The Judiciary has the power to interpret laws and review their constitutionality but does not make laws.
• Emergencies: During national emergencies, such as war or calamity, the President may exercise certain powers (e.g., emergency powers) that temporarily blur the lines of separation.

8. Importance of the Separation of Powers

The Separation of Powers is essential for maintaining a functioning democracy and protecting individual liberties. It ensures that:

• No single branch has unchecked power.
• There is accountability in governance.
• Each branch remains within its constitutional limits, contributing to political stability.

The principle serves as a safeguard against tyranny and promotes a balanced and equitable government structure that upholds the rule of law.