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SEPARATION OF POWERS solemn and sacred obligations assigned to it by the

166 SCRA 246
3. Casibang vs Aquino
G.R. No. L-38025, August 20, 1978
a. Considering that membership of Judge Manzano in
Provincial Committee on Justice, which discharges
a. The term “Political Question” is a question of policy.
administrative functions, will be in violation of the
Those questions which, under the Constitution, are to be
Constitution. But this does not mean the Judges should
decided by the people in their sovereign capacity; or in
adopt an attitude of monastic insensibility or
regard to which full discretionary authority has been
unbecoming indifference to the Local Committee on
delegated to the legislative or executive branch of the
Justice. Even as non-members of the same, Judges
government. It is concerned with the issues dependent
should render assistance to said Committees to help
upon wisdom, not the legality of a particular measure.
promote landable purposes for which they exist, but only
b. On the other hand, a purely justiciable question implies
when such assistance may be reasonably incidental to
a given right, an act or omission violative of said right,
the fulfillment of judicial duties.
and a remedy granted by law, for said breach of right.

2. Angara vs Electoral Commission

4. Eastern Shipping Lines vs POEA
G.R. No. 45081, July 15, 1936
G.R. No. 76633, October 18, 1988

a. The separation of powers is a fundamental principle in

a. What can be delegated is the discretion to determine on
our system of government. It obtains not through
how the law may be enforced, not what the law shall be.
express provisions but by actual division in our
The ascertainment of the latter subject is a prerogative
constitution. Each department has an exclusive
of the legislature. This prerogative cannot be abdicated
cognizance of matters within its jurisdiction, and is
or surrendered by the legislature to the delegate.
supreme within its own sphere.
b. Doctrine of Judicial Supremacy
When the Judiciary mediates to allocate Constitutional
5. Tanada vs Cuenco
boundaries, it does not assert any superiority over the
G.R. No. L-10520, February 28, 1957
other departments; it does not in reality nullify or
invalidate an act of the legislature, but only asserts the
a. It is not within the province of the courts to pass
judgment upon the policy of legislative or executive
action. Where, therefore, discretionary powers are representative. And even the questions were political in
granted by the Constitution or by statute, the manner in nature, it would still come under the Expanded Powers
which those powers are exercised is not subject to of Review in Section 1, Article VIII of the Constitution.
judicial review. The courts, therefore, concern
themselves only with the question as to the existence DELEGATION OF POWERS
and extent of these discretionary powers.
b. It has been repeatedly held that the question whether 1. Garcia vs Executive Secretary
certain amendments to the Constitution are invalid for
non-compliance with the procedure therein prescribed is a. The enactment of appropriation, revenue, and
not a political one, and may be settled by the Courts. tariff bills, like all other bills, is of course, within
c. The Senate is not clothed with full discretionary authority the province of the Legislative rather the
in the choice of members of the Senate Electoral Executive. It does not follow however, that the
Tribunal. The exercise of its power thereon is subject to Eos, assuming they may be characterized as
Constitutional limitations which are claimed to be revenue measures, are prohibited to be
mandatory in nature. It is clearly within the legitimate exercised by the President, that they must be
prove of the judicial department to pass upon the validity enacted instead by the Congress.
of the proceedings in connection therewith. b. Section 28 (2) Article VI of the Constitution is the
explicit constitutional permission to Congress to
authorize the President subject to limitations,
6. Sanidad vs Comelec and restrictions as Congress may impose, to fix
G.R. No. L-44640, October 12, 1976 within specific limits tariff rates, and other duties
or imposts. In this case, it is the Tariff and
a. Ampanget ng coffee nots nag focus sa freedom of Customs Code which authorized the President to
expression. issue the said Eos.

7. Daza vs Singson 2. Araneta vs Dinglasan

180 SCRA 496
a. Under the 1935 Constitution, the Act which
a. The question is justiciable. The issue is one of legality not granted emergency powers to the President
of wisdom. The ascertainment of the manner of forming became inoperative ex proprio vigore when
the Commission on Appointments is distinct from the Congresss met in Regular Session.
discretion of the parties to designate their
b. In a special session, the Congress may consider b. The Act in question may be likened to an
general legislation or only such acts were good ordinary contract of Agency, whereby, the
only up to the corresponding dates of consent of the Agent is necessary only in the
adjournment of the following sessions of the sense that he cannot be compelled to accept the
legislature, unless sooner amended or repealed trust, in the same way that the principal cannot
by the National Assembly. be forced to keep the relation in eternity or at
c. The assertion that a new legislation is need to the will of the agent. Neither can it be suggested
repeal the act would not in harmony with the that the agency created under the Act is coupled
Constitution. If a new and different law were with interest.
necessary to terminate the delegation, the
period of delegation would be unlimited, 4. People vs Vera
indefinite, negative, and uncertain; for Congress
might not enact the repeal, and even it would, a. The State my question its own laws. There is no
the repeal might not meet with the approval of law which prohibits the State, or its duly
the President, and Congress might not override authorized representative from questioning the
the veto. In other words, it would be easier for validity of a law. Estoppel will also not lie against
the Congress to delegate its powers than to take the State even if it had been using an invalid law.
them back. This is not right, and is not, and ought b. There is undue delegation of legislative power.
not to be the law. Act 4221 provides that it shall only apply to
provinces where the respective provincial
3. Rodrigueza vs Gella boards have provided for a probation officer.
Nowhere in the law has it stated as to what
a. The Eos are invalid. The President did not invoke standards provincial boards should follow in
any actual emergencies or calamites emanating determining whether or not to apply the
from the last world war for which the Act was probation law in the province. This only creates
intended. Without such invocation, such veto of a roving commission which will act arbitrarily
the President cannot be of merit for the according to its whims.
emergency he feared cannot be attributed to the
war contemplated. And even if the President 5. Eastern Shipping Lines vs POEA
vetoed the repealing bill, the intent of the G.R. No. L-76633, October 18, 1988
Congress must be given due weight.
a. Any attempt to abdicate the power is necessary to entrust to administrative agencies
unconstitutional, and void under the principle of the authority to issue rules to carry out general
potestas delegate non delegare potest. The provision of statues.
legislative must not transfer the making of law to f. Test of Valid Delegation of Legislative Power to
anybody else, or place it anywhere but where Administrative Agencies:
the people have. Completeness Test- the law must be complete in
b. Such delegated power constitutes not only a all its terms and conditions when it leaves the
right but a duty to be performed by the delegate legislature such that when it reaches the
by the instrumentality of his own judgment delegate the only thing he will have to do is
acting immediately upon the matter of enforce it.
legislation and not through the intervening mind Sufficient Standard Test- there must be
of another. adequate guidelines or limitations in the law to
c. The principle of non-delegation of power is map out the boundaries of the delegate’s
applicable to all three branches of the authority and prevent delegation from running
Government but is especially applicable to riot.
Legislative. The delegation of Legislative power Both tests are intended to prevent a total
has become the rule and its non-delegation the transference of legislative authority to the
exception because of the increasing complexity delegate who is not allowed to step into the
of the task of government and the growing shoes of the legislature and exercise power
inability of the legislature to cope directly with essentially legislative.
the myriad problems demanding its attention. g. With this power, the administrative bodies may
d. Specialization even in legislation has become implement the broad principles laid down in a
necessary because the solutions may, however, statute by “filling in” the details which the
be expected from its delegates, who are Congress may not have the opportunity or
supposed to be experts in the particular fields competence to provide. This is effected by their
assigned to them. promulgation of “Supplementary Regulations”
e. The reason given above for the delegation of as the Implementing Rules and Regulations.
legislative powers in general are particularly h. With the proliferation of specialized activities,
applicable to administrative bodies. With the and their attendant peculiar problems, the
proliferation of the specialized activities, and national legislature has found it more and more
their attendant peculiar problems, the national necessary to entrust to administrative agencies
legislature has found it more and more the authority to issue rules to carry out the
general provisions of the statute. This is called 9. Pelaez vs Auditor General
the “Power of Subordinate Legislation.”
a. Although the Congress may delegate to another
6. US vs Ang Tang Ho branch of the Government the power to fill in the
details in the executions, enforcement, or
a. The questioned act fails to provide definitely and administration of a law, it is essential to forestall
clearly what the standard policy should contain. a violation of the Principle of Separation of
The law must be complete in all its terms and Powers.
provisions when it leaves the legislative branch b. The power to create municipalities is essentially
of the government and nothing must be left to and eminently legislative in character not
the judgment of the electors or other appointee, executive.
or delegate of the legislature, so that in form and c. The qualifying clause “as the public welfare may
in substance, it is a law in all its details in present, require” which would mean that the President
but which may be left to take effect in future, if may exercise such power as the public welfare
necessary, upon ascertainment of any may require- such will not replace the standard
prescribed fact or event. needed for a proper delegation of power. The
proper interpretation is that the President may
7. Ynot vs IAC change the seat of the Government within any
subdivision to such place therein as the public
a. Panget. Police Power na discuss sa Coffee Notes welfare may require. Only the seat of
 government may be changed by the President,
when Public welfare so requires, and NOT the
creation of municipalities.
8. Tablarin vs Guiterrez

a. The standard may either be expressed or

implied. The standard does not have to be
spelled out specifically. It could be implied from
the policy and purpose of the act considered as
a whole.