D. Checks and balances

Frequency: ★★☆☆☆


The Constitution has provided for an elaborate system of checks and balances to secure coordination in the workings of the various departments of the government. (Angara v. The Electoral Commission, G.R. No. L-45081, 15 July 1936)

For example, the Chief Executive under our Constitution is so far made a check on the legislative power that this assent is required in the enactment of laws. This, however, is subject to the further check that a bill may become a law notwithstanding the refusal of the President to approve it, by a vote of two-thirds or three-fourths, as the case may be, of the the Legislature. The President has also the right to convene the the Legislature in special session whenever he chooses. (Ibid.)

On the other hand, the the Legislature operates as a check on the Executive in the sense that its consent through its Commission on Appointments is necessary in the appointments of certain officers; and the concurrence of a majority of all its members is essential to the conclusion of treaties. Furthermore, in its power to determine what courts other than the Supreme Court shall be established, to define their jurisdiction and to appropriate funds for their support, the Legislature controls the judicial department to a certain extent. The the Legislature also exercises the judicial power of trying impeachments. (Ibid.)

And the judiciary in turn, with the Supreme Court as the final arbiter, effectively checks the other departments in the exercise of its power to determine the law, and hence to declare executive and legislative acts void if violative of the Constitution. (Ibid.)


System-based bar exam review mentoring program to improve your bar exam preparation

© 2022 BARMENTOR.PH. All Rights Reserved.

error: Content is protected.