Separation of Powers Isagani Cruz Reviewer

Doctrine of Separation of Powers! I.

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Defnition A. Each o the 3 great great branches o government government has exclusive exclusive cognizance cognizance o and is supreme in matters alling within its own constitutionally allocated sphere . !egislature !egislature " enactment enactment o laws# Executive Executive " enorcement enorcement o laws#  $udiciary " application application o laws laws %urposes A. Intended to prevent a concentration concentration o authority authority in one one person or group group o persons . $ustice !aurel& !aurel& intended to secure secure action# to to orestall orestall over'action# over'action# to prevent despotism and obtain e(ciency ). Interdepen Interdependenc dence e not independ independence ence lending o %owers A. *ome powers powers are not not confned by the )onstitution )onstitution exclusively exclusively within one one department but are in act assigned to several departments . Example& %ower %ower o Appointment Appointment which which can be exercised exercised by all over own admin personnel ). )ollabor )ollaboration ation or the the good good o the the people people D. +eneral Appropriations Appropriations !aw& !aw& %resident %resident %repares %repares the budget budget then it is is passed as a bill by the )ongress )ongress E. Amnesty& Amnesty& %resident %resident grants grants amnesty then it must must be approved approved by ma,ority ma,ority o the )ongress -. )/E!E) )/E!E) needs needs the help rom rom the execut executive ive agencies agencies during during time time o election )hec1s and alances A. Ends o the government government are better achieved achieved through through the exerc exercise ise by its agencies o only the powers assigned to them sub,ect to reversal in proper cases by those authorized by the )onstitution . Example& 0eto 0eto %ower o the %resident# %resident# )ongress )ongress can reuse reuse to give its its concurrence to a %residential Amnesty# 2he %resident may nulliy a conviction by pardoning the oender# the $udiciary can declare invalid an act done by the )ongress or the %resident 2he 4ole o the the $ud $udicia iciary ry A. *ees to it it that the constitutional constitutional distribution distribution o powers is respected . 5pholds 5pholds the the *upremacy *upremacy o o the )onstit )onstitutio ution n $ust $ustic icia iabl ble e and and %olit olitic ical al 6ues 6uesti tion ons s A. $usticiable can be sub,ect sub,ect o $udicial 4eview 4eview while %olitical %olitical 6uestions# 6uestions# technically# cannot be sub,ect to $udicial review 7except or etrayal o %ublic 2rust8 . $usticiable 6uestion 9 implies a given right legally legally demandable demandable and enorceable# an act or omission violative o such right# and a remedy granted and sanctioned by law# or said breach o right ). %olitical %olitical 6uestions 6uestions 9 discretion discretion o another department or or especially especially the people themselves : connotes a ;uestion o policy : ;uestions to be decided by the people in their sovereign capacity Appl Ap plic icat atio ion n o the the Doc Doctr trin ine e 9 stud study y the the case cases. s. %olit %olitica icall 6uesti 6uestion ons s 5nde 5nderr the the