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MODULE 4

Principle of Non-Delegation of Power

Potestas delegate non delegari potest – power delegated cannot further be

delegated. The legislative must not nor can transfer the power of making laws to
anybody else or place it anywhere except where the people have.

Delegation of Legislative Powers

It may not be delegated, except:

1. When authorized by the Constitution: (a) The Congress may by law

grant emergency powers to the President; (b) Congress may by law grant tariff
powers to the President.
2. When delegated to local governments: (a) Police power has been
expressly delegated by the legislature to the local law-making bodies; (b)
eminent domain.
3. Delegated to the people at large: (a) Referendum – a method of
submitting an important legislative measure to a direct vote of the whole people;
(b) Plebiscite – a devise to obtain a direct popular vote on a matter of political
importance.
4. Delegated to administrative bodies.

Test to Determine Valid Exercise Delegation:

FIRST TEST –the power in question, regardless of its nature, is granted

by the Constitution to the department which seeks to exercise such power.
SECOND TEST –the power sought to be exercised is not expressly
conferred by the Constitution but can be reasonably inferred from, is necessary
to the proper exercise of the express power granted to the department seeking to
exercise said power.
THIRD TEST – the power sought to be exercised is not granted by the
Constitution, either expressly or impliedly, but its exercise is inherent or
incidental.
FOURTH TEST – the power in question has been performed in
accordance with the rules laid down by the Constitution.

Tests of Valid Delegation

1. Completeness Test
The law must be complete in all its essential terms and conditions
when it leaves the legislatures so that there will be nothing left for the
delegate to do when it reaches him except enforce it. A law is complete
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when it sets for the therein the policy to be executed, carried out or implemented
by the delegate.

2. Sufficient Standard Test

It 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. This is to
prevent a total transference of legislative power from the lawmaking body to the
delegate.

A sufficient standard is one which defines legislative policy, marks its

limits, maps out its boundaries and specifies the public agency to apply it. It
provides adequate guidelines or limitations in the law.

The Role of the Judiciary

To see to it that the constitutional distribution of powers among the
several departments of the government is respected and observed.

Doctrine of Implication
Even in the absence of an express conferment, the exercise of a given
power may be justified under the doctrine of implication, which is based on the
theory that the grant of an express power carries with it all other powers that
may be reasonably inferred from it.

Principle of Civilian Authority

Section 3. Civilian Authority is, at all times supreme over the

military. The Armed Forces of the Philippines is the protector of the
people and the State. Its goal is to secure the sovereignty of the State
and integrity of the national territory.

Two principles expressed:

1. The principle of civilian supremacy
2. The principle that the AFP is the protector of the people and the State.

Insulation of the AFP from partisan politics. (Article XVI,

Section 5)
The AFP shall be insulated from partisan politics. No member of the
military shall engage directly or indirectly in any partisan political activity except
to vote. (Article XVI, Section 5)

Separation of Church and State

Section 6. The separation of Church and State shall be inviolable.

Rationale:
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To delineate boundaries between the two institutions and thus avoid

encroachments by one against the other because of a misunderstanding of the
limits of their respective exclusive jurisdictions.

Reinforcement of Separation of Church and State under the

Constitution: Discuss/Explain)
1. Article III, Section 5 (Freedom of Religion Clause)
2. Article IX-C, Section 2(5) Religious sect cannot be registered as
a political party
3. Article VI, Section 5(2), No sectoral representatives from the
religious sectors
4. Article VI, Section 29(2), Prohibition against appropriation
against sectarian benefit.

Exceptions:
1. Article VI, Section 28(3) – exemption from taxation of
churches, parsonages, etc.
2. Article VI, Section 29(2) – public money may be paid to priest,
preacher, minister or dignitary is assigned to the armed forces,
or any penal institution or government orphanage
3. Article XIV, Section 3(3) – optional religious instruction for
public and elementary and high school students
4. Article XIV, Section 4(2) – Filipino ownership requirement for
education institutions, except those established by religious
groups and mission boards.

CASES:
1. DAVID VS. ARROYO, G.R. NO. 171396, MAY 3, 2006

2. DIVINAGRACIA VS. CONSOLIDATED BROADCASTING SYSTEM,

INC., G.R. NO. 162272, APRIL 7, 2009

3. PEOPLE VS. VERA, G.R. NO. L-45685, NOVEMBER 16, 1937

4. YNOT VS. INTERMEDIATE APPELLATE COURT, G.R. NO. 74457

MARCH 20, 1987 148 SCRA 659

5. EMMANUEL PELAEZ VS. AUDITOR GENERAL, 15 SCRA 569

6. ANGARA VS. ELECTORAL COMMISSION, G.R. NO. L-45081, JULY

15, 1936

7. MANALO VS. SISTOZA, G.R. NO. 107369, AUGUST 11, 1999