1. Separation of Powers

Doctrine of Separation of Powers

Legislation belongs to the Congress, implementation to the executive, and settlement of legal controversies and adjudication of rights to the judiciary. Each department has exclusive cognizance of and is supreme in matters falling within its own constitutionally allocated sphere. Each is therefore prevented from invading the domain of the others.

The true meaning of the general doctrine of the separation of powers seems to be that the whole power of one department should not be exercised by the same hands which possess the whole power of either of the other department, and that no one department ought to possess directly or indirectly an overruling influence over the others. And it has been that this doctrine should be applied only to the powers which because of their nature are assigned by the constitution itself to one of the departments exclusively. (Ople v. Torres, G.R. No. 127685, 23 July 1998)

The doctrine of separation of powers calls for each branch of government to be left alone to the discharge of its duties as it sees fit. (Pimentel v. House of Representatives Electoral Tribunal, G.R. No. 141489-90, 29 Nov. 2002)

Purposes of Separation of Powers

• Secure action;
• Forestall over-action;
• Prevent despotism; and
• Obtain efficiency. (Nachura, 2014)

Powers vested in the Three (3) Branches of Government

Principle of Blending of Powers

Refers to an instance when powers are not confined exclusively within one department but are assigned to or shared by several departments.

Examples of the Blending of Powers

• Power of appointment which can be exercised by each department and be rightfully exercised by each department over its own administrative personnel; (Concurring and Dissenting Opinion of Justice Puno, Macalintal v. COMELEC, G.R. No. 157013, 10 July 2003)
• General Appropriations Law in which the President prepares the budget which serves as the basis of the bill adopted by Congress; (supra.)
• Amnesty granted by the President requires the concurrence of the majority of all the members of the Congress; and (supra.)
• Power of the COMELEC, with the concurrence of the President, to deputize law-enforcement agencies and instrumentalities of the Government for the purpose of ensuring free, orderly, honest, peaceful, and credible elections. (Sec. 2(4), Art. IX-C, 1987 Constitution; supra.)

Disqualification from Other Position or Offices

The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi judicial or administrative functions [Section 12, Article VIII, 1987 Constitution].

The SC and its members should not and cannot be required to exercise any power or to perform any trust or to assume any duty not pertaining to or connected with the administering of judicial functions [Meralco v. Pasay Transportation Co. G.R. No. L-37838 (1932)].

A judge in the CFI shall not be detailed with the Department of Justice to perform administrative functions as this contravenes the doctrine of separation of powers [Garcia v. Macaraig, A.M. No. 198-J (1972)].