ABAKADA GURO PARTYLIST

vs
PURISIMA
G.R. No. 166715, August 14, 2008

FACTS:
ABAKADA GURO Party list invoking their right as taxpayers, filed a petition challenging
the constitutionality of RA 9335 and sought to prevent herein respondents from
implementing and enforcing said law.
Petitioners assail that the creation of a congressional oversight committee on the
ground that it violates the doctrine of separation of powers. While the legislative function is
deemed accomplished and completed upon the enactment and approval of the law, the
creation of the congressional oversight committee permits legislative participation in the
implementation and enforcement of the law which is an executive function.
Respondents, through the OSG, assert that the creation of the congressional oversight
committee under the law enhances, rather than violates, separation of powers, as it ensures
the fulfillment of the legislative policy and serves as a check to any over-accumulation of
power on the part of the executive and the implementing agencies..

ISSUE:
Whether or not the creation of the congressional oversight committee violates the doctrine of
separation of powers under the Constitution

RULING / ANALYSIS:
Congressional oversight is not unconstitutional per se, meaning, it neither necessarily
constitutes an encroachment on the executive power to implement laws nor undermines the
constitutional separation of powers. Rather, it is integral to the checks and balances inherent in
a democratic system of government. It may in fact even enhance the separation of powers as it
prevents the over-accumulation of power in the executive branch.
However, to forestall the danger of congressional encroachment “beyond the legislative
sphere,” the Constitution imposes two basic and related constraints on Congress. It may not
vest itself, any of its committees or its members with either executive or judicial power. And,
when it exercises its legislative power, it must follow the “single, finely wrought and
exhaustively considered, procedures” specified under the Constitution, including the procedure
for enactment of laws and presentment.
Thus, any post-enactment congressional measure such as this should be limited to
scrutiny and investigation. Any action beyond that will undermine the separation of powers
guaranteed by the Constitution.
From the moment the law becomes effective, any provision of law that empowers
Congress or any of its members to play any role in the implementation or enforcement of the
law violates the principle of separation of powers and is thus unconstitutional. Under this
principle, a provision that requires Congress or its members to approve the implementing rules
of a law after it has already taken effect shall be unconstitutional, as is a provision that allows
Congress or its members to overturn any directive or ruling made by the members of the
executive branch charged with the implementation of the law.

DISPOSITIVE PORTION:
WHEREFORE, the petition is hereby PARTIALLY GRANTED. Section 12 of RA 9335 creating a Joint
Congressional Oversight Committee to approve the implementing rules and regulations of the law is
declared UNCONSTITUTIONAL and therefore NULL and VOID. The constitutionality of the remaining
provisions of RA 9335 is UPHELD. Pursuant to Section 13 of RA 9335, the rest of the provisions remain in
force and effect