Category Archives: Separation of Power

Doctrine of Primary Jurisdiction and Judicial Review

Respondent asserts that the doctrine of primary jurisdiction “simply calls for the determination of administrative questions, which are ordinarily questions of fact, by administrative agencies rather than by courts of justice.”16 Citing Pimentel v. HRET,17 respondent avers that primary recourse … Continue reading

Posted in Constitutional Law, Judicial Review, Jurisdiction, Separation of Power, Supreme Court | Tagged | Leave a comment

Truth Commission is a violation of the equal protection clause

Nature of the Truth Commission As can be gleaned from the above-quoted provisions, the Philippine Truth Commission (PTC) is a mere ad hoc body formed under the Office of the President with the primary task to investigate reports of graft … Continue reading

Posted in Constitutional Law, Constitutional Rights, Separation of Power, Truth Commission | Tagged | Leave a comment

The grant of the rule-making power to administrative agencies is a relaxation of the principle of separation of powers and is an exception to the non-delegation of legislative powers.

Finally, petitioner argues that there has been undue delegation of legislative power, as PD 1986 does not provide for the range of imposable penalties that may be applied with respect to violations of the provisions of the law.           The … Continue reading

Posted in Administrative Agencies, Congress, Constitutional Law, MTRCB, Separation of Power | Tagged , | 2 Comments