According to the 1987 Constitution, the power vested to the three government departments can be

delegated, but it is subject to limitation. 1 Initially, the power was vested to Legislative, Executive, and
Judiciary through Articles VI, VII, and VIII of the said Constitution, and the general rule is 2Delegata
Potestas Non Potest Delegari means the agency is tasked to perform its duty with trust and confidence
entrusted by the people through the law to the which cannot be delegated. There is an exception to the
rule: 1. Delegation of tariff powers to the President under Section 28(2) of Article VI – the President can
fix and impose specific changes on rates in import-related duties and activities. 2. 3 Delegation of
emergency powers to the President under Section 23(2) of Article VI – it is only limited to a certain
period and subject to restrictions prescribe by Congress as the President exercise powers necessary and
proper to carry out declared national policy. 4 3. Delegation to the people at large – the Congress allows
people to direct legislation in initiatives and referendum cases. The people can propose amendments to
the Constitution and power to approve or reject legislation through an election for such purpose 4.
Delegation to local governments is based on the principle that the local government more efficiently
addresses purely local concerns than the national government since it is under their jurisdiction. 5.
Delegation to administrative bodies – entrusting quasi-judicial and quasi-legislative functions to an
administrative body. However, in every case of permissible delegation, there must be a valid existence
that the delegation itself is lawful: 5 it is only valid if the law (a) is complete in itself, setting forth therein
the policy to be executed, carried out, or implemented by the delegate; and fixes a standard – the limit
of which are sufficiently determinate and determinable – to which the delegate must conform in the
performance of functions.

1
https://www.officialgazette.gov.ph/constitutions/1987-constitution/
2
https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1280&context=clr
3
David vs.Arroyo, G.R. No. 171396
4
https://www.officialgazette.gov.ph/1989/08/04/republic-act-no-6735/
5
Abakada Guro Party List v. Ermita, G.R. No. 168056, 2005-09-01
THE PLENARY POWERS OF CONGRESS

INTRODUCTION

Throughout the history of democracy, the Congress played an important role not just on the
government but in the country as a whole and as one of the front-runners in the system of checks and
balance to maintain a harmonious relationship between government branches in order to act in the
possible best interest of its citizens. The importance and powers of Congress demonstrated on how it
decides on extremely crucial issues like in 1991 the Senate rejected US Base renewal even though the
President Aquino highly recommends it at that time, unlike today it seems like the Congress is just a
mere stamp pad by the President itself by enthusiastically conforming to most of his request even if it is
contrary to law and blatantly allowing him to interfere with the House Speaker power struggle issue.
The Constitution as the most powerful law of the land where the legislative authority of Congress
originated. Congress powers are considered plenary because it is bound to function within the
Constitution's limits, and any attempt to restrict or limit Congress's power via irreparable law is
forbidden. It is given that the plenary powers of Congress are limited, but it does not diminish its impact
and importance in his duty to uphold the law to guarantee people of the treatment they truly deserve.