Delegationofpowers qcanadelegatedpowerberedelegated a

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Unformatted text preview: SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. GENERAL CONSIDERATIONS Q: How does Legislature check the other two branches? A: 1. 2. 3. 4. 5. LEGISLATIVE CHECK Executive Judiciary Override the Revoke or amend the veto of the decisions by either: 1. Enacting a new law President Reject certain 2. Amending the old law, giving it certain appointments definition and made by the interpretation different president from the old Revoke the 3. Impeachment of SC members proclamation of martial law or suspension of the writ of habeas corpus Impeachment 4. Define, prescribe, apportion jurisdiction of lower courts: a. Prescribe the qualifications of lower court judges b. Impeachment c. Determination of salaries of judges. Determine the salaries of the president or vice president Q: How does the Judiciary check the other two branches? A: JUDICIAL CHECK Executive Legislative It may declare (through the SC as the final arbiter) the acts of both the legislature and executive as unconstitutional or invalid so long as there is grave abuse of discretion. Note: Often times, due to the principle of separation of powers, the Supreme Court refuses to pass upon the constitutionality of the laws so long as it can use other basis for deciding the case. The legislature cannot, upon passing a law which violates a constitutional provision, validate it so as to prevent an attack thereon in the courts, by a declaration that it shall be so construed as not to violate the constitutional inhibition (Endencia v. David, G.R. No. L‐6355‐56 Aug. 31, 1953). The right and responsibility to investigate and suspend a public official rests solely in the executive department; the legislature cannot delegate a power/duty to the SC to investigate the conduc...
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