DELEGATION OF POWERS From the book Principle of non-delegation of powers y Corollary to the doctrine of separation of powers y Rule: what

has been delegated cannot be delegated y Basis of the principle: delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another y Further delegation(unless permitted by the sovereign power) is a negation of this duty in violation of the trust reposed in the delegate mandated to discharge it directly y Applicability: all three major powers of the government but ESPECIALLY important to the LEGISLATIVE power because of the many instances when its delegation is permitted and because of the increasing complexity of the task of government and legislature can no longer cope directly with the many problems demanding its attention Permissible Delegation y Tariff powers to the President y Emergency powers to the President y People at large y Local governments y Administrative bodies Tariff Powers (Sec 28 P2) y Stand-by or flexible tariff powers in the Tariff and Customs Code y Reason: necessity and not expediency to act immediately on certain matters affecting the national economy; legislative process is much too cumbersome for the speedy solution to economic problems especially those relating to foreign trade Emergency Powers (Sec 23 P2) y Very unlikely that a quorum can be convened to do business, if there is, there s always the divisiveness and delay inherent in the legislative process y The President becomes a constitutional dictator with this power BUT in strict legal theory, there s no total abdication of legislative authority in his favor y The President is only an agent and not a replacement of the legislature y Conditions for emergency powers o War or other national emergency such as rebellion, economic crisis, pestilence or Embuscado, Julia Political Law Notes and thoughts

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epidemic, typhoon, flood or other similar catastrophe of nation-wide effect o For a limited period only o Subject to such restrictions as the Congress may prescribe o Must be exercised to carry out a national policy declared by the Congress y Emergency powers: o Are only delegated when there s emergency o Are self-liquidating it automatically ceases upon the end of the emergency that justified the delegation of the power o Its conferment is not mandatory ; does not automatically confer emergency powers o Do not necessarily continue the President s emergency powers if the emergency continues, time period must be followed o Subject to the restrictions prescribed by the Congress y Constitution s requirement for the President to exercise such power: o Necessary and proper only for the carrying out a national policy declared not by him but by the Congress; if not keeping up with the national policy, this act can be challenged Delegation to the People y Government is a representative democracy people acting through the representatives in the legislature y Referendum method of submitting an important legislative measure to a direct vote of the whole people y Plebiscite the questions submitted here are intended to work more permanent changes in the political structure, like a proposal to amend the Constitution o Decree of the people (Strong) o A device to obtain a direct popular vote on a matter of political importance, but chiefly in order to create some more or less permanent political condition. Delegation to Local Governments y Rationale: local legislatures are more knowledgeable on purely local concerns, therefore, they are in a better position to enact the necessary and appropriate legislature y Cardinal principle of our government: local affairs shall be managed by local authorities, and general affairs by the central authority y Not a transfer of general legislative power BUT as the Embuscado, Julia Political Law Page 2

grant of the authority to prescribe local regulations according to immemorial practice, subject to the interposition of the superior in cases of necessity y Delegated powers to the local lawmaking bodies power of eminent domain, the police power (under the general welfare clause), power of taxation (from the Constitution) subject to limitations imposed by the Congress Delegation to Administrative Bodies y Power of subordinate legislation rationale: proliferation of specialized activities, peculiar problems y Effected by their promulgation of what are known as supplementary regulations such as the implementing rules y Administrative agencies may issue contingent regulations which have the force and effect of law (they may enforce or suspend the operation of a law) Tests of Delegation y Delegation may be valid or invalid y To be valid: the delegation must have legislative restrictions y SC: distinction is between the delegation of power to make the law (which necessarily involves discretion as to what the law shall be) and conferring authority or discretion as to execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made. The Completeness Test y When the power leaves the legislature, it must be complete in all its essential terms and conditions. Otherwise, it is invalid delegation. The Sufficient Standard Test y Sufficient standard is intended to map out the boundaries of the delegate s authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected y Purpose: to prevent a total transference from the legislature to the delegate y If there s no explicit standard, the court can bend over backward to locate the same elsewhere in order to spare the statute, if it can, from constitutional infirmity.

Embuscado, Julia Political Law

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