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Session 04 PDF
Session 04 PDF
OUTLINE
Continuation of SEPARATION OF POWERS:
Ø Tests of Delegation
1. Again, general rule is, there is non-delegation of powers;
2. But there are exceptions, where powers can be permissibly delegated;
3. Assuming it falls under the exception, you still have to determine
whether these exceptions (permissible delegations) has been validly
made;
4. To be valid, delegation itself must be circumscribed by legislative
restrictions (otherwise, delegation is tantamount to abdication of
legislative authority, a total surrender by legislature of its prerogatives
in favor of the delegate);
- COMPLETENESS TEST
o People vs. Dacuycuy, G.R. L-45127, May 5, 1989
- SUFFICIENCY STANDARD TEST
o Chiongbian vs. Orbos GR 96754, June 22, 1995;
o Gerochi vs. Dept. of Energy GR 159796, July 17, 2007;
o Belgica vs. Ochoa, GR 208566, Nov. 19, 2013 (note:
case involves various issues, but focus only on issue
about “undue delegation” with regard to presidential
pork barrel);