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The Principle of Checks and Balances

The document discusses the principle of checks and balances between the three branches of government in the Philippines - the executive, legislative, and judicial branches. It outlines the checks and balances functions of each branch as established in the 1987 Constitution. However, it notes that in reality, the system of checks and balances is not being well-practiced due to the president's control through political patronage and strong executive influence over the other branches. The appointing power of the president to the judiciary undermines its ability to check the executive branch. As a result, each branch is not fully exercising its authority to check the other branches as intended.

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159 views2 pages

The Principle of Checks and Balances

The document discusses the principle of checks and balances between the three branches of government in the Philippines - the executive, legislative, and judicial branches. It outlines the checks and balances functions of each branch as established in the 1987 Constitution. However, it notes that in reality, the system of checks and balances is not being well-practiced due to the president's control through political patronage and strong executive influence over the other branches. The appointing power of the president to the judiciary undermines its ability to check the executive branch. As a result, each branch is not fully exercising its authority to check the other branches as intended.

Uploaded by

Che RY May
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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NIEVEN L.

HIBAYA AB POLSCI – I

PHILIPPINE POLITICS AND GOVERNANCE: POSSIBILITIES,


PROBLEMS AND ITS DEMOCRATIC REALITIES

THE PRINCIPLE OF CHECKS AND BALANCES

The supremacy of any of the three branches of the Philippine government is a very

serious danger to the principles of both the separation of powers and the principle of

checks and balances. At some point, we can have observed that there is supremacy

between the President and the Supreme Court. The constitutional power of the President

in appointing members of the judiciary has somehow resulted in the existence of the

executive rule. However, the principle of checks and balances allows one department to

resist encroachments upon its prerogatives to rectify mistakes or excesses committed by

the other departments. Its main purpose is to secure coordination in the workings of the

various departments of the governments.

First, the Executive Branch or the President has these functions of checks and

balances. (a) His approval is required in the law-making power of Congress. He may

exercise veto power (The 1987 Constitution. Art. VI, Sec. 27). (b) May nullify a conviction

in a criminal case by pardoning the offender (The 1987 Constitution. Art. VII, Sec. 19).

Second, the Legislative Branch or Congress has these functions: (a) may override

the veto power of the President by a vote of 2/3 of all the members of each house (The

1987 Constitution. Art. VI, Sec. 27); (b) its consent through the Commission on

Appointments is necessary in the appointments of certain officers of the Executive (The

1987 Constitution. Art. VI, Sec. 18); (c) may refuse to give its concurrence to an amnesty
proclaimed by the President and the Senate to a treaty he has concluded (The 1987

Constitution. Art. VII, Secs. 19 and 21); (d) Judicial power of trying impeachment cases

(The 1987 Constitution. Art. XI, Sec. 3); and (e) may limit the jurisdiction of the Supreme

Court and that of inferior courts and even abolish the latter tribunals subject to certain

restrictions (The 1987 Constitution. Art. VIII, Secs. 1 and 2).

Meanwhile, the Judiciary in general, has the power to declare invalid an act done

by the Congress, the President and his subordinates, or the Constitutional Commissions

(The 1987 Constitution. Art. VIII, Sec. 4). You may see Angara v. The Electoral

Commission, G.R. No. L-45081, July 15, 1936. The independence of the judiciary is a

manifestation of the supremacy of the Constitution (Santiago, 2000). The judiciary has

the power to check legislative and executive acts whether align within the sphere of the

provisions in the Constitution. The Constitution as the fundamental law of the land should

be above all and all enactments should conform with it.

However, the real scenario that is happening in the Philippine setting is that the

system of checks and balances is not being well-practiced. In the legislative-executive

relations, the president showed control because of political patronage and strong

executive influence. The appointing power of the president to the bench undermined the

checking powers of the judiciary to the executive branch. Executive interference was

evident in judicial-legislative relations. All of these are results of the political patronage

and strong executive influence exercised by the President. The three branches of

government are not exercising well their checking powers over other branches. The

existence of executive reign was evident in the practice of the system of making these

branches accountable to each other.

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