SOCIAL SCIENCE 4

The Principle of Checks and Balances | LG 4.4

At the end of this module, the students will be able to:

1. explain the inter-relationship of the three government branches under the principle of checks
and balances; and
2. assess whether the Philippine Government has consistently followed the principle of checks
and balances.
Suggested Time: 1 min | Actual Time Spent: ____min(s)

Let’s take a look at theses pictures

Source: https://www.gmanetwork.com/news/news/specialreports/341906/janet-napoles-and-the-unraveling-of-
the-pork-barrel-scandal/story/

PSHS Social Science 4: Philippine Government, Politics, & the 1987 Phil. Constitution | Page 1 of 9
Sources: https://newsinfo.inquirer.net/615833/sc-declares-dap-unconstitutional-source

As you look at the pictures, you come across with the words “DAP”, “PDAF”, unconstitutional,
pork barrel, and scandal.
You may be familiar with those words as such sparked during 2013 and 2014 when the country
found out the malversation of the government funds. Such acts and incidents were pointed out as
violations from the Constitution in terms of exercise of powers in the three branches of government.
These actions were completely manifestations of violations of the doctrine of separation of
powers and principle of checks and balances.

Suggested Time: 3 min | Actual Time Spent: ____min(s)

WHAT IS THE DOCTRINE OF SEPARATION OF POWERS?

The Doctrine of Separation of Powers intends to avoid a concentration of authority in one or

group of persons, that may lead to abuse its exercise of power to its sovereignty. These are the doctrine’s
objectives: secure action; forestall over-action; prevent despotism; and obtain efficiency (Pangasinan
Transporataion Co. vs. PSC, 1940). In achieving these matters, the Legislative is generally responsible
in enacting laws and appropriating funds to operate the government The Executive is responsible for
implementing and administering the public policy enacted and funded by the legislative branch. Lastly,
the Judicial is responsible for interpreting the constitution and laws and applying their interpretations
to controversies brought before it. (Bengzon vs. Drilon, 1992). Thus, it has been decided that “courts
cannot limit the application or coverage of a law, nor can it impose conditions not provided therein.”
(Cruz I. A., 2014). Doing such constitutes a judicial enactment or legislation (Fort Bonifacio
Development Corporation vs. Commission on Internal Revenue, 2012).

PSHS Social Science 4: Philippine Government, Politics, & the 1987 Phil. Constitution | Page 2 of 9
Source: https://lifephilippines.org/wp-content/uploads/2019/01/branches-of-govt.jpg

WHAT IS THE PRINCIPLE OF CHECKS AND BALANCES?

The principle of checks and balances makes the doctrine of separation of powers functional.
The idea is that “the ends of the government are better achieved through the exercise of its agencies of
only the powers assigned to them, subject to reversal in proper cases by those constitutionally authorized
(Cruz I. A., 1998).”

Illustrations of the Principle of Checks and Balances

In the previous lesson, you learned that the lawmaking power of Congress is checked and
reviewed by the Executive Department through the Chief Executive of the Republic via his/her veto
power, thereon may be superseded by Congress with two-thirds of vote of the entire membership of
each house1. Congress may turn down giving consensus to an amnesty2 proclaimed by the President3
and the Senate to a treaty he has completed4. In criminal cases, the President may nullify a felon's
criminal charge(s) by pardoning the convict5. Congress may limit the powers of the Supreme Court and
its lower courts6, and even eradicate the latter7. The Judicial Department, generally, has the authority
declaring acts done by Congress, the Chief Executive and his subordinates, or Constitutional

1
Article VI, Section 27 (1987 Constitution)
2
An official pardon of the President to a group of people who have been convicted of political offenses. Offenses
commonly charged against those persons who may be granted such executive clemency are most acts against the
government. A grant of amnesty from the President extinguishes the penalty and its effects (Article 89, Revised
Penal Code of the Philippines, Act No. 3815). For further reference, see Barrioquinto vs. Fernandez (1940).
3
Article VII, Section 19 (1987 Constitution)
4
Article VII, Section 21 (1987 Constitution)
5
Article VII, Section 19 (1987 Constitution)
6
Article VIII, Section 1 (1987 Constitution)
7
Article VIII Sections 1-2 (1987 Constitution)

PSHS Social Science 4: Philippine Government, Politics, & the 1987 Phil. Constitution | Page 3 of 9
Commissions like the Commission on Elections, as invalid8 subject to the limitations found in the 1987
Constitution.

The Role of the Judiciary in the Separation of Powers Principle and system of Checks and Balances

Under the present Constitution, the Judiciary sees to it that the distribution of powers among
the various branches of government is duly recognized and followed. The act of the Judiciary does not
automatically mean the Judiciary Department is superior to the rest of the departments. Rather, the
Judiciary guarantees that the principle of checks and balances and the separation of powers are being
followed, in accordance with the supremacy of the fundamental law of the land, the constitution (Angara
vs. Electoral Commission, 1936).

ISSUES ON THE DOCTRINE OF SEPARATION OF POWERS AND PRINCIPLE OF

CHECKS AND BALANCES

THE PDAF SCAM ISSUE - Belgica vs. Ochoa (G.R. No. 208566, November 19, 2013)9

Source: http://pinoynewsmagazine.com/images/Pork-barrel-cartoon.2.jpg

8
Article VIII Section 4 (1987 Constitution)
9
For the full text or summary, read: Greco Antonious Beda B. Belgica Jose M. Villegas Jr. Jose L. Gonzalez
Reuben M. Abante and Quintin Paredes San Diego (Petitioners) vs. Honorable Executive Secretary Paquito N.
Ochoa Jr. Secretary Of Budget And Management Florencio B. Abad, National Treasurer Rosalia V. De Leon
Senate Of The Philippines Represented By Franklin M. Drilon in his capacity as Senate President and House Of
Representatives Represented By Feliciano S. Belmonte, Jr. In His Capacity As Speaker Of The House
(Respondents).

PSHS Social Science 4: Philippine Government, Politics, & the 1987 Phil. Constitution | Page 4 of 9
 One of the issues wherein the doctrine of separation of powers and the corollary system of
checks and balances were taken notice is the Philippine Disbursement Acceleration Funds (PDAF)
Scam, or popularly known as “Pork Barrel System” wherein the constitutionality of the system was
questioned (Belgica vs. Ochoa, 2013).

According to the Supreme Court, the Pork Barrel System was declared unconstitutional as the
post-enactment measures that governed the areas of project identification, fund release, and fund
realignment, were not related to functions of congressional oversight. It allowed lawmakers to intervene
and/or assume duties that properly belong to the sphere of budget allocation. Hence, it violated the
principle of separation of powers. (G.R. No. 208566 November 19, 2013 BELGICA vs. HONORABLE
EXECUTIVE SECRETARY PAQUITO N. OCHOA JR, et al,, 2015).

THE DISBURSEMENT ACCELERATION PROGRAM (DAP) ISSUE - Maria Carolina P. Araullo,

et al vs. Benigno Simeon C. Aquino III, President of the Republic of the Philippines (G.R. No.
209287; July 1, 2014)10

The Disbursement Acceleration Program (DAP) of the President was questioned as well.
In this case, one of the petitioners, by the name of Manuelito R. Luna, argued that the grant of
funds under the program to some lawmakers compelled their silence about the issues and anomalies
involved in the DAP. Greco Belgica, one of main proponent petitioners to the Pork Barrel System case,
highlighted that the program, by permitting legislators at identifying program, activity or projects
(PAPs), authorized the latter people to take part in implementing and executing the General
Appropriations Acts11 (GAAs), which is a function exclusively belonging to the Executive Branch,
through the Chief Executive. In addition, it was pointed out that such scenario created excessive and
unwarranted legislative encroachment in the functions of the Executive Branch. Lastly, it underscored
that the President Benigno S. Aquino III assumed unto himself the appropriating power of Congress
because the NBC 12 No. 541, which authorized the use of funds under the DAP for PAPs not
contemplated in the 2012 budget.
The Supreme Court, over-all, declared that the acts and practices anent the Disbursement
Acceleration Program, the National Budget Circular No. 541, and the related executive issuances
averred in the case, are unconstitutional as it violated Article VI Section 25(5) of the 1987 Constitution
and the doctrine of separation of powers (Araullo vs. Aquino III, 2014).

10
For full text or summary, read: Maria Carolina P. Araullo, Chairperson, Bagong Alyansang Makabayan; Judy
M. Taguiwalo, Professor, University of The Philippines Diliman, Co-Chairperson, Pagbabago; Henri Kahn,
Concerned Citizens Movement; Rep. Luz Ilagan, Gabriela Women's Party Representative; Rep. Carlos Isagani
Zarate, Bayan Muna Party-List Representative; Renato M. Reyes, Jr., Secretary General of Bayan; Manuel K.
Dayrit, Chairman, Ang Kapatiran Party; Vencer Mari E. Crisostomo, Chairperson, Anakbayan; Victor Villanueva,
Convenor, Youth Act Now (Petitioners) Vs. Benigno Simeon C. Aquino III, President Of The Republic of The
Philippines; Paquito N. Ochoa, Jr., Executive Secretary; And Florencio B. Abad, Secretary Of The Department
Of Budget And Management (Respondents).
11
These refer to annual budgets proposed by the Legislature for allocation of funds.
12
National Budget Circulation

PSHS Social Science 4: Philippine Government, Politics, & the 1987 Phil. Constitution | Page 5 of 9
Infographic of the controversial Disbursement Acceleration Program (DAP) Scam

Source: http://images.gmanews.tv/v3/webpics/v3/2014/08/2014_08_01_13_33_44.png

Suggested Time: 15 mins | Actual Time Spent: ____min(s)

PSHS Social Science 4: Philippine Government, Politics, & the 1987 Phil. Constitution | Page 6 of 9
LET’S EXERCISE! (Graded Assessment)

I. Venn Diagram. In a Venn Diagram, show the differences and similarities of the three branches of
government. From that diagram, explain the over-all inter-relationship of the three branches of
government and how such relationship was exhibited in the Principle of Checks and Balances (10 pts.).

Discuss: Based from the diagram you have completed, what is the inter-relationship of the three
branches of government, and how do their similarities and differences govern the doctrine of separation
of powers and the principle of checks and balances? (5 pts.)

Suggested Time: 10 min | Actual Time Spent: ____min(s)

PSHS Social Science 4: Philippine Government, Politics, & the 1987 Phil. Constitution | Page 7 of 9
Rubrics for the Venn Diagram

10 pts. – Provided three or more arguments and comprehensively answer the question, observed rules
on grammar; followed writing mechanics (proper indention, justified paragraphs, etc.)
8 pts. – Provided at least three arguments but did not comprehensively answer the question; observed
rules on grammar structure; followed writing mechanics (proper indention, justified paragraphs, etc.)
6 pts. – Provided two arguments and did not comprehensively answer the question; committed two to
three grammatical errors; followed writing mechanics (proper indention, justified paragraphs, etc.)
4 pts. - Provided only one argument and did not comprehensively answer the question; committed two
to three grammatical errors; did not follow writing mechanics (proper indention, justified paragraphs,
etc.)
2 pts. – Did not answer fully the question and did not follow proper grammar structure and writing
mechanics (proper indention, justified paragraphs, etc.)

Rubrics for Discussion part (Credit: Sir Erin Dela Cruz, Soc Sci Teacher, PSHS Main Campus)

Criteria Excellent (5) Satisfactory (3) Poor (2)

Content Context is well- There is an evidence of The context is not clear. Ideas
(5 pts.) developed; Ideas are a developed context but may have questionable
well-supported and are there is a need to add factuality. Confusion of the
accurate and relevant. more details for a strong reader is a possible outcome.
support.
Excellent (3) Satisfactory (2) Poor (1)
Organization There is an evidence of Ideas are organized. Coherence between ideas is
of Ideas clear, effective, However, minimal not evident. The reader may
(3 pts.) graceful, coherent inclusions of irrelevant find difficulty in
transition of ideas in ideas are evident. They understanding the collective
the essay. The do not affect the essence thought of the essay.
organization aids the of the essay.
reader to clearly and
easily understand the
connections of the
ideas to each other.
Excellent (2) Satisfactory (1) Poor (0)
Syntax The structure and the Minimal distractions in Distractions in regard to
(2 pts.) use of words, regard to syntax are syntax is very evident. Wrong
punctuations, and present ie failure to use of words, punctuations,
capitalizations in the capitalize a letter, and capitalizations hinder the
sentence/s are correct misuse or lack of reader to understand the
and appropriate. punctuations in a thought/s.
sentence, and
inappropriate wording.
But these distractions do
not affect the essence of
the essay.

PSHS Social Science 4: Philippine Government, Politics, & the 1987 Phil. Constitution | Page 8 of 9
 In summary:

 The system of checks and balances makes the doctrine of separation of powers deemed
functional.
 The principle of checks and balances guarantees that each branch of the government
properly exercised its constitutional prerogatives according to the mandates prescribed in
the Constitution.
 In the principle of checks and balances, the Judiciary assures the distribution of powers
among various departments of government is respected and observed. However, the idea
that the Judiciary is the most superior among the branches of government is viewed
erroneously. Rather, the Judicial Department upholds the supremacy of the Constitution
(Angara vs. Electoral Commission, 1936).
Suggested Time: 1 min | Actual Time Spent: ____min(s)

References:
Angara vs. Electoral Commission, G.R. No. L-45081; 63 Phil. 139 (Supreme Court of the Philppines
July 15, 1936).
Belgica vs. Ochoa, G.R. No. 208566 (Supreme Court of the Philippines November 19, 2013).
Bengzon vs. Drilon, G.R. No. 103524 (208 SCRA 133) (Supreme Court of the Philippines April 15,
1992).
Cruz, I. A. (1998). Separation of Powers. In I. A. Cruz, Philippine Political Law (pp. 76-77). Quezon
City: Central Lawbook Publishing Co., Inc.
Cruz, I. A. (2014). Separation of Powers. In I. A. Cruz, Philippine Political Law (pp. 133-134).
Quezon City: Central Lawbook Publishing Co., Inc.
Cruz, I. A., & Cruz, C. L. (2014). Separation of Powers. In I. A. Cruz, & C. L. Cruz, Philippine
Political Law (p. 136). Quezon City: Central Lawbook Publishing Co., Inc.
Fort Bonifacio Development Corporation vs. Commission on Internal Revenue, G.R. No. 173425
(679 SCRA 566) (Supreme Court of the Philippines September 4, 2012).
G.R. No. 208566 November 19, 2013 BELGICA vs. HONORABLE EXECUTIVE SECRETARY
PAQUITO N. OCHOA JR, et al, Respondents. (2015, June 8). Retrieved from
https://brigettemayor.blogspot.com: https://brigettemayor.blogspot.com/2015/06/gr-no-
208566-november-19-2013-belgica.html
Pangasinan Transporataion Co. vs. PSC, G.R. No. 47065 (Supreme Court of the Philippines June 26,
1940).
*Lay-out and Design of Learning Guide Credit: Nneka B. Evangelista, SS 5 Teacher, PSHS-
CALABARZON Campus

Prepared by: Jim Ernsan A. Ferraren Reviewed by: Keith R. Salang

Position: Special Science Teacher I Position: Special Science Teacher III
Campus: Southern Mindanao Campus: Caraga Region

PSHS Social Science 4: Philippine Government, Politics, & the 1987 Phil. Constitution | Page 9 of 9
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