Amending the old law giving it certain appointments

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Unformatted text preview: ngly rendering an unjust decision. (In re: Laureta, G.R. No. L‐68635, May 14, 1987) Q: May the RTC or any court prohibit a committee of the Senate like the Blue Ribbon Committee from requiring a person to appear before it when it is conducting investigation in aid of legislation? A: No, because that would be violative of the principle of separation of powers. The principle 14 essentially means that legislation belongs to Congress, execution to the Executive and settlement of legal controversies to the Judiciary. Each is prevented from invading the domain of the others. (Senate Blue Ribbon Committee v. Majaducon, G.R. No. 136760, July 29, 2003) Q: What is the principle of Blending of Powers? A: It is 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 are the following: 1. Power of appointment which can be exercised by each department and be rightfully exercised by each department over its own administrative personnel; 2. General Appropriations Law – President prepares the budget which serves as the basis of the bill adopted by Congress; 3. Amnesty granted by the President requires the concurrence of the majority of all the members of the Congress; and 4. COMELEC does not deputize law‐ enforcement agencies and instrumentalities of the government for the purpose of ensuring free, orderly, honest, peaceful and credible elections alone (consent of the President is required) CHECKS AND BALANCES Q: What is the principle of Checks and Balances? A: It allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments. Q: How does the Executive Check the other two branches? A: EXECUTIVE CHECK Judiciary 1. Through its power of pardon, it may set aside the judgment of the Through its judiciary. veto power 2. Also by power of appointment – power to appoint members of the Judiciary. Legislative POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL;...
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This document was uploaded on 03/12/2014.

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