Blending of Powers and Checks and Balances

BLENDING OF POWERS

- instances when powers are not confined exclusively within one department but are in fact assigned to or shared by several departments.

Illustration:

1. Enactment of general appropriations law, which begins with the preparation by the President of the budget, which becomes the basis of the bill adopted by the Congress and subsequently submitted by it to the President, who may then approve it. 

2. Grant of amnesty by the President which requires the concurrence of a majority of all the members of the Congress.

3. The COMELEC does not alone deputize law enforcement agencies and instrumentalities of the government for the purpose of ensuring free, orderly, honest, peaceful and credible elections but does so with the consent of the President.

CHECKS AND BALANCES

- This allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments.

Illustration:

1. Legislation needs final approval of the President . (Veto Power)

2. The President cannot act against laws passed by Congress and must obtain the concurrence of Congress to complete certain significant acts. (Granting of Amnesty by the President or Treaty Making Power)

3. Money can be released from the treasury only by authority of Congress.

4. The Supreme Court can declare acts of Congress or of the President unconstitutional.