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This document analyzes the constitutionality and legitimacy of the Joint Congressional Power Commission (JCPC) in the Philippines. It argues that the JCPC unconstitutionally encroaches on the powers of the executive, legislative, and judicial branches of government. Specifically, it claims the JCPC duplicates the oversight functions of existing legislative committees and the Department of Energy. Further, the JCPC has assumed powers beyond those granted to it by law, such as dictating the sale of national power assets. For these reasons, the document concludes the JCPC should be abolished and its functions transferred to legitimate bodies that can implement energy laws without disrupting the separation of powers.
Descrizione originale:
Energy Thesis, Cover, Abstract, and Table of Contents
This document analyzes the constitutionality and legitimacy of the Joint Congressional Power Commission (JCPC) in the Philippines. It argues that the JCPC unconstitutionally encroaches on the powers of the executive, legislative, and judicial branches of government. Specifically, it claims the JCPC duplicates the oversight functions of existing legislative committees and the Department of Energy. Further, the JCPC has assumed powers beyond those granted to it by law, such as dictating the sale of national power assets. For these reasons, the document concludes the JCPC should be abolished and its functions transferred to legitimate bodies that can implement energy laws without disrupting the separation of powers.
This document analyzes the constitutionality and legitimacy of the Joint Congressional Power Commission (JCPC) in the Philippines. It argues that the JCPC unconstitutionally encroaches on the powers of the executive, legislative, and judicial branches of government. Specifically, it claims the JCPC duplicates the oversight functions of existing legislative committees and the Department of Energy. Further, the JCPC has assumed powers beyond those granted to it by law, such as dictating the sale of national power assets. For these reasons, the document concludes the JCPC should be abolished and its functions transferred to legitimate bodies that can implement energy laws without disrupting the separation of powers.
A STUDY TO DETERMINE THE CONSTITUTIONALITY AND THE
LEGITIMACY OF THE JOINT CONGRESSIONAL POWER COMMISSION
A THESIS SUBMITTED IN PARTIAL FULLFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF JURIS DOCTOR
ATENEO DE MANILA UNIVERSITY SCHOOL OF LAW
JOSE ROBERTO D. BOLANTE 2014
AMA NAMON SA IMO ANG HIMAYA
To my family, loved ones, friends, and, fellow Aquilans
ABSTRACT
Democracy is the binding principle of the Philippine government. The heroes who fought and died for the Philippines believed in this ideal and it has ever since served as the countrys foundation. Because of this, the Philippine Government is separated into the three major co-equal branches, namely the Executive, Legislature, and the Judiciary. They enjoy independence from each other yet are expected to collaborate in policy development and implementation. To address the growing needs of the country, the Legislature exercised its legislative power by enacting the Electric Power Industry Reform Act of 2001 (EPIRA). It was intended as a means to change electric power production and consumption in the Philippines. The law successfully reinvented the countrys electrical power production system. It created various new entities with specific functions in the industry. In simple terms, the EPIRA turned the power industry into a new complex web to match the growing need for electricity. One of these entities is the Joint Congressional Power Commission (JCPC). It is an alleged congressional committee meant to observe the power industry and its players. In fact, it has many powers under the EPIRA to accomplish such task. Eventually, other laws, like the Renewable Energy Act of 2008, conferred it more powers and functions. Even with the ostensible legitimacy of the JCPC, it actually exercises its powers unconstitutionally. It encroaches upon the powers of the Executive, the Legislative, and the Judiciary. Because of this, the JCPC should be abolished and its authority should be transferred to other legitimate government bodies and instrumentalities that can fill its shoes, without hampering the implementation of the laws of the power industry. Otherwise, there will be no limit to the JCPCs powers.