CONSTITUTIONAL LAW 1

(Notes and Cases)

By

Atty. GALLANT D. SORIANO, MNSA

Lt. Col. PN (M)
 MODULE 7

DELEGATION OF POWERS
 NON-DELEGATION OF POWERS

RULE potestas delegata non delegari potest.

such delegated power constitutes not only a right

but a duty; to be performed by the delegate
BASIS through the instrumentality of his own judgment
and not through the intervening mind of another;
further delegation constitutes negation of duty.

KMU vs. Garcia, G.R. No. 115381. Dec. 23, 1994 -

Congress delegated to LTFRB the power of fixing rates of
public services under EO 202. Nowhere under said law is
Illustrative Case LTFRB authorized to delegate that power to transport
operators. The authority given by LTFRB to provincial bus
operators to set fare range is tantamount to an undue
delegation of legislative authority.
 INSTANCES OF PERMISSIBLE DELEGATION
1) Delegation of TARIFF Sec. 28(2) Art. VI - Congress may by law authorize the President to fix
within specified limits, and subject to such limitations and restrictions as it
POWERS to the may impose, tariff rates, import and export quotas, tonnage and wharfage
President dues, and other duties or imposts...”

Sec. 23(2) Art. VI - In times of war or other national emergency, Congress

2) Delegation of may by law authorize the President, for a limited period and subject to
such restrictions as it may prescribe, to exercise powers necessary and
EMERGENCY POWERS proper to carry out a declared national policy. Unless sooner withdrawn by
to the President resolution of the Congress, such powers shall cease upon the next
adjournment thereof.

Sec. 2, Art. XVII - Amendments to this Constitution may likewise be

3) Delegation to the
directly proposed by the people through initiative upon a petition of at least
PEOPLE AT LARGE twelve per centum of the total number of registered voters...

Sec. 3, Art. X - Congress shall enact a local government code which shall
4) Delegation to LOCAL
provide for a more responsive and accountable local government structure
GOVERNMENTS instituted through a system of decentralization...

5)Delegation to By legislative act - authorizing it to promulgate rules and regulations;

A D M I N I S T R AT I V E By implication - adopt rules and regulations deemed necessary to the
BODIES efficient exercise of the powers expressly granted.
1. DELEGATION OF TARIFF POWERS TO THE PRESIDENT

Sec. 28(2), Art. VI, 1987 Constitution - The Congress may by law authorize
the President to fix within specified limits, and subject to such limitations
BASIS and restrictions as it may impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties or imposts, within the
framework of the national development program of the government.

1. rates to be fixed by the President must be within specified limits;

2. grant is subject to limitations and restrictions as Congress may impose;
ELEMENTS 3. authority given pertains to fixing: tariff rates, import and export quotas,
tonnage and wharfage dues, other duties and imposts;
4. delegation must be within framework of national development program.

REASON necessity and expediency of acting with dispatch.

Garcia vs. Executive Secretary, G.R. No. 101273. July 3, 1992 - Sec. 28(2) of Art. VI
of the Constitution provides as follows: (There is thus explicit constitutional permission 1
to Congress to authorize the President "subject to such limitations and restrictions is
Illustrative [Congress] may impose" to fix "within specific limits" "tariff rates . . . and other duties or
Case imposts . . .” The relevant congressional statute is the Tariff and Customs Code of the
Philippines, and Sections 104 and 401, the pertinent provisions thereof. These are the
provisions which the President explicitly invoked in promulgating Executive Orders Nos.
475 and 478. Section 104 of the Tariff and Customs Code provides in relevant part:
 CONDITIONS FOR DELEGATION OF EMERGENCY POWERS
1. there must be war or other national
emergency;
2. delegation must be for a limited
period only;
3. delegation must be subject to such
restrictions as Congress may
prescribe;
4. emergency powers must be
exercised to carry out a national
policy declared by Congress.
rebellion; economic crisis;
calamity; epidemic, etc.
limited - restricted in duration.
rationale - prevent perpetual
abdication of legislative power.
a) p ow e r s n e c e s s a r y a n d
proper;
b) for carrying out a declared
national policy.
national Congressional policy.
 EMERGENCY POWERS CASES
ILLUSTRATIVE CASES
1st CASE
Araneta vs. Dinglasan
G.R. No. L-2044.  Aug. 26, 1949
2nd CASE
Rodriguez vs. Gella
G.R. No. L-6266. Feb. 2, 1953
APPLICABLE PROVISIONS
Sec. 26, Art. VI, 1935 Constitution - In times of
war or other national emergency, the Congress
may by law authorize the President, for a
limited period and subject to such restrictions
as it may prescribe, to promulgate rules and
regulations to carry out a declared national policy.
SEC. 4, CA 671 - This Act shall take effect upon
its approval, and the rules and regulations
promulgated hereunder shall be in force and
effect until the Congress of the Philippines shall
otherwise provide.
Sec. 26, Art. VI, 1935 Constitution - In times of
war or other national emergency, the Congress
may by law authorize the President, for a
limited period and subject to such restrictions
as it may prescribe, to promulgate rules and
regulations to carry out a declared national policy.
SEC. 4, CA 671 - This Act shall take effect upon
its approval, and the rules and regulations
promulgated hereunder shall be in force and
effect until the Congress of the Philippines shall
otherwise provide.
S.C. DECISION
“C.A. 671 (approved Dec. 16,
1941) granting emergency powers
to Pres. Manuel Quezon became
inoperative when Congress
convened in regular session
on May 25, 1946, and that EO
62 (issued on June 21, 1947) was
issued without authority of law.”
Although HB 727 (repealing all
Emergency Powers Acts), had
been vetoed by the President and
did not thereby become a regular
statute, it may at least be
considered as a concurrent
resolution of the Congress
f o r m a l l y d e c l a ri n g t h e
termination of the
emergency powers.
 3. DELEGATION TO THE PEOPLE
1935 Constitution 1973 Constitution 1987 Constitution
(Art. XV, Sec. 1) (Art. XVI, Sec. 1(1)) (Sec. 2, Art. XVII)

The Congress in
joint session assembled,
Amendments to this Constitution
Any amendment to, or
by a vote of three-fourths
revision of, this Constitution
may likewise be directly proposed
of all the Members of the by the people through initiative
may be proposed by the
Senate and of the House of
Batasang Pambansa
Representatives upon a petition of at least twelve
voting separately, per centum of the total number
upon a vote of three-fourths
of registered voters,
of all its Members,
may propose amendments
to this Constitution of which every legislative district
or
must be represented by at least
or three per centum of the
by a constitutional convention.
registered voters therein.
call a convention for this
purpose.
 4. DELEGATION TO LOCAL GOVERNMENTS

Sec. 3, Art. X, 1987 Constitution - Congress shall

enact a local government code which shall provide for
BASIS a more responsive and accountable local government
s t r u c t u re i n s t i t u t e d t h ro u g h a s y s t e m o f
decentralization...

local legislatures are more cognizant than the

RATIONALE national legislative body on matters of local
concerns.

a. power of local legislative bodies to enact,

ordinances;
LEGISLATIVE
POWER OF LGUs b. consisting of barangay ordinance, municipal
ordinance, city ordinance, and provincial
ordinance.
 LOCAL ORDINANCES

piece of local legislation; enacted by a

ORDINANCE
municipal authority.

LEGISLATIVE refer to the power of legislative bodies; to enact

POWER OF LGUs ordinances and issue regulations.

a. LGUs are more knowledgeable on local matters.

REASON FOR
b. local authorities manage local affairs. central
THE GRANT
authorities manage general affairs.

REQUISITE FOR a. must be in accordance with prescribed procedure;

VALID EXERCISE b. must meet substantive requisites.

Sections 91, 149, 177, 208 of the Local Government

LEGAL BASIS
Code of 1991(RA 7160).
 REQUIREMENTS FOR A VALID ORDINANCE
Magtajas vs. Pryce Properties, G.R. No. 111097. July 20, 1994 -
1. not contravene Cagayan De Oro Ordinances contravene PD 1869, which authorized
Constitution or statute. casino gambling, as they prevent Pagcor from exercising the power
conferred on it to operate casino.

Lucena Grand Central Terminal vs. JAC Liner, G.R. No. 148339. Feb.
2. not unfair or
23, 2005- since compulsory use of the terminal would subject users
oppressive. thereof to fees, such measure is unduly oppressive.

Lagcao vs. Labra, G.R. No. 155746. Oct. 13, 2004 - fact that petitioners’
3. not partial or small property was singled out for expropriation for the purpose of
discriminatory. awarding it to no more than a few squatters indicated manifest partiality
against petitioners.

Dela Cruz vs. Paras, G.R. No. L-42571. July 25, 1983 - If night clubs
4. not prohibit but may
were merely then regulated and not prohibited, certainly the assailed
regulate trade. ordinance would pass the test of validity.

5.general and consistent

with public policy.

White Light Corp. vs. City of Manila, G.R. No. 122846. Jan. 20, 2009 -
The Ordinance needlessly restrains the operation of the businesses of the
6. not unreasonable. petitioners as well as restricting the rights of their patrons without
sufficient justification.
 5. DELEGATION TO ADMINISTRATIVE BODIES

power given to administrative agencies; to issue or

RULE-MAKING
promulgate rules and regulations; necessary to
POWER
carry out its functions.

RULES
those issued by administrative or executive officers; in
and
REGULATIONS
accordance with and as authorized by law.

Rationale administrative bodies have opportunity and competence.

adapt to increasing complexity of modern life and variety

Necessity
of public functions.

1) relaxation of separation of powers; and

Nature of Grant
2) an exception to non-delegation of legislative powers.

Binding Effect have the force and effect of a law.

 TWO TESTS OF DELEGATION
statute is complete in all its essential terms and
1) COMPLETENESS conditions when it leaves legislature; so that there will
TEST be nothing left for delegate to do when it reaches him
except to enforce it.

U.S. vs. Ang Tang G.R. No. 17122. Feb. 27, 1922 - Legislature did not
specify under what conditions the rules may be issued and did not define
Illustrative Case what constitutes extraordinary increase in price of cereals. Promulgation
of rules is left to sole discretion of Governor General. Law is thus
incomplete as a legislation.

statute fixes a standard, mapping out the boundaries

2) SUFFICIENT of the delegate’s authority; by defining the legislative
STANDARD TEST policy and indicating the circumstances under which it
is to be pursued and effected.

Ynot vs. IAC, G.R. No. 74457. Mar. 20, 1987 - One searches in vain
for the usual standard and the reasonable guideline, or better still, the
Illustrative Case limitations that said officers must observe when they make their
distribution. There is none.
 LIMITATIONS ON RULE-MAKING POWER
DAR vs. Sutton, G.R. No. 162070. Oct. 19, 2005 - DAR AO No. 9 which sought to
regulate livestock farms by including them in the coverage of agrarian reform and
prescribing a maximum retention limit for their ownership, contravenes the Constitution.
1. not inconsistent DAR has no power to regulate livestock farms which have been exempted by the
Constitution from the coverage of agrarian reform.  
with the Constitution
or statute. Solicitor General vs. MMA, G.R. No. 102782. Dec. 11, 1991 - PD 1605 does not
allow either removal of license plates or confiscation of driver's licenses for traffic
violations. Ordinance imposes sanctions PD does not allow and actually prohibits.
Ordinance violates and in effect partially repeals the law.

BOIE-Takeda vs. De la Serna, G.R. No. 92174. Dec. 10, 1993 - In including
commissions in the computation of 13th month pay, DOLE unduly expanded the
2. cannot amend an concept of ‘basic salary” as defined in PD 851. It is a fundamental rule that
act of Congress. implementing rules cannot add or detract from the provisions of the law it is designed to
implement. They cannot widen its scope . Administrative agency cannot amend an act of
Congress.

United BFHA vs. BF Homes, G.R. No. 124873.  July 14, 1999 - HIGC went beyond
the authority provided by the law when it promulgated the revised rules of procedure. 
3. cannot exceed There was a clear attempt to unduly expand the provisions of PD 902-A. The inclusion of
provisions of basic law the phrase GENERAL PUBLIC OR OTHER ENTITY is a matter which HIGC cannot
legally do.

4. uniform, reasonable, Lupangco vs. Court of Appeals, G.R. No. 77372. Apr. 29, 1988 - Resolution 105 is
not only unreasonable and arbitrary, it also infringes on the examinees' right to liberty
and not unfair or guaranteed by the Constitution. PRC has no authority to dictate on the reviewees as to
discriminatory how they should prepare themselves for the licensure examinations.
END