OF
POWERS PRINCIPLE
The powers of the government, by virtue of this principle are divided into
three(3) distinct classes.
Under this principle, the officers entrusted with each of these powers are
not permitted to encroach upon the powers confided to the others.
If one department goes beyond the limits set by the constitution, its acts
are null and void.
Pangasinan, Inc. vs Public Service Commission
(Gr. No. 47065, June 26, 1940)
FACTS:
Whether PSC can impose said conditions. If so, wouldn’t this power
constitutes violation of separation of powers?
RULING:
FACTS:
UDK-14951 – A Petition filed seeking that the PDAF and all other
congressional pork barrel be declared unconstitutional, and a cease and
desist order be issued restraining President Benigno Simeon S. Aquino III
(President Aquino) and Secretary Abad from releasing such funds to
Members of Congress
ISSUE:
RULING:
Thus, the court declares the 2013 PDAF article as well as all other
provisions of law which similarly allow legislators to wield any form of post-
enactment authority in the implementation or enforcement of the budget,
unrelated to congressional oversight, as violative of the separation of powers
principle and thus unconstitutional.
The three co-equal departments are established by the constitution
in as balanced positions as possible.
PRESIDENT
- His approval is required in the law making process of the Congress. He may
exercise VETO power.
- He may nullify a conviction in a criminal case by pardoning the offender
Congress
- May override the VETO power of the president by a vote of 2/3 of all the
members of each house
- May limit the jurisdiction of the Supreme Court and of that inferior courts and
even abolish the latter tribunals subject to certain transactions
Judiciary
-Has the power to declare invalid an act done by the Congress, the President
and his subordinates.
San Miguel Corporation vs. Secretary of Labor (GR. No. L- 39195)
Facts:
The San Miguel Corporation moved for the reconsideration of the decision
on the ground that it was premature because section 14 of the NLRC’s
Rules and Regulations requires that the mediator’s fact finding report be
passed upon by an arbitrator. The motion was treated as an appeal by the
Secretary of Labor. However MR was denied thereafter, the company,
instituted this certiorari proceeding.
Yanglay contends that this Court has no jurisdiction to review the decisions
of the NLRC and the Secretary of Labor “under the principle of separation
of powers” and that judicial review is not provided for in Presidential Decree
No. 21.
Issue:
Whether the Court has a jurisdiction over the decision of the NLRC and
the Secretary of labor under the “Principle of Separation of powers”?
Ruling: