Administrative Law: Reflection No. 4

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Republic of the Philippines

MARINDUQUE STATE COLLEGE


COLLEGE OF GOVERNANCE
Main Campus: Boac / Branches: Sta. Cruz - Torrijos - Gasan
Panfilo Manguera Sr. Rd., Tanza, Boac, Marinduque 4900 (Main Campus)
Tel. No.: (042) 332-0323 Website: www.marinduquestatecollege.edu.ph

ADMINISTRATIVE LAW
REFLECTION NO. 4

Prepared by:

LORENCE M. MONTEREY
BPA – 3B

Checked by:

ROMULO H. MALVAR, Ph.D., FFCP, CESE, LPT


Subject Professor
Republic of the Philippines

MARINDUQUE STATE COLLEGE


COLLEGE OF GOVERNANCE
Main Campus: Boac / Branches: Sta. Cruz - Torrijos - Gasan
Panfilo Manguera Sr. Rd., Tanza, Boac, Marinduque 4900 (Main Campus)
Tel. No.: (042) 332-0323 Website: www.marinduquestatecollege.edu.ph

Administrative Law

Reflection No. 4

Date of submission: On or before April 11, 2023

Directions: Write your reflection on the statement below -

“Delegation of powers is necessary to meet the goals and objectives of the government”.

Draw also a paradigm to show your idea above.

As the interests of our people become more diversified and their industries grow more

complex and assume greater proportions and variety of form, the demands upon the government

necessarily increase. The President alone cannot perform all the tasks assigned to him. They

must be able to successfully delegate authority and responsibility to their subordinates and

effectively share workloads to achieve their goals and ensure the continuous growth and

advancement of the country. Delegating power means delegating part of your work to others and

relying on others to successfully complete those tasks. The President appoints personnel in

different administrative agencies in the government that will serve as his alter ego within the

agencies and decide what programs and policy needed in different sectors to cope the challenges

face by the government to deliver better services to people and enhance their way of living.
Republic of the Philippines

MARINDUQUE STATE COLLEGE


COLLEGE OF GOVERNANCE
Main Campus: Boac / Branches: Sta. Cruz - Torrijos - Gasan
Panfilo Manguera Sr. Rd., Tanza, Boac, Marinduque 4900 (Main Campus)
Tel. No.: (042) 332-0323 Website: www.marinduquestatecollege.edu.ph

ADMINISTRATIVE LAW
Activity No. 4

Prepared by:

LORENCE M. MONTEREY
BPA – 3B

Checked by:

ROMULO H. MALVAR, Ph.D., FFCP, CESE, LPT


Subject Professor
Republic of the Philippines

MARINDUQUE STATE COLLEGE


COLLEGE OF GOVERNANCE
Main Campus: Boac / Branches: Sta. Cruz - Torrijos - Gasan
Panfilo Manguera Sr. Rd., Tanza, Boac, Marinduque 4900 (Main Campus)
Tel. No.: (042) 332-0323 Website: www.marinduquestatecollege.edu.ph

Administrative Law

Activity No. 4

Date of submission: On or before April 11, 2023

Directions: Read the topic- “Separation of Administrative and Other Powers” and

answer the following –

1. What is Doctrine of Separation of powers? Give an example.

The separation of powers is a fundamental principle in our system of government. The

following are the content of the doctrine of separation of powers:

a. Allocation of governmental powers. - The doctrine declares that governmental powers are

divided among the three departments of government, the legislative, executive, and

judicial department. Based on the 1987 constitution, Article VI (sec. 1), the legislative

power shall be vested in the Congress of the Philippines which shall consist of a Senate

and a House of Representatives, except to the extent reserved to the people by the

provision on initiative and referendum, the legislative power is given to enact laws.

Article VII (sec. 1) The executive power shall be vested in the President of the

Philippines which gives the power to execute laws and lastly the judicial power, Article

VIII (sec. 1), the judicial power shall be vested in one Supreme Court and in such lower

courts as may be established by law. This power is given to them to interpret laws to

know whether such law(s) didn’t violate the rights of the people.

b. Blending of allocated powers. — An exact delimitation of governmental powers,

however, is not possible. Separation of powers does not mean an entire and complete

separation of powers or functions, which would be impracticable if not impossible. For


Republic of the Philippines

MARINDUQUE STATE COLLEGE


COLLEGE OF GOVERNANCE
Main Campus: Boac / Branches: Sta. Cruz - Torrijos - Gasan
Panfilo Manguera Sr. Rd., Tanza, Boac, Marinduque 4900 (Main Campus)
Tel. No.: (042) 332-0323 Website: www.marinduquestatecollege.edu.ph

example, the president can veto a bill passed by the legislative department and vice versa.

Check and balance appears because of blending of allocated powers.

c. Exclusive exercise of assigned powers. – Powers assigned to one department should not

be exercised by either of the other departments, and that no department ought to possess,

directly or indirectly, an overruling influence or control over the others. Meaning to say is

that the three department (legislative, executive, judiciary) operates separately to one

another and they have equal footing or doesn’t overlap the power to one another.

2. What is Doctrine of Non-Delegation of Powers? Give an example.

The doctrine of non-delegation of powers is based on the maxim of potestas delegata

non potest delegari. What has been delegated cannot in turn be delegated. The doctrine rests

on the ethical principle that a delegated power constitutes not only a right but a duty to be

performed by the delegate by the instrumentality of his own judgment acting immediately

upon the matter and not through the intervening mind of another. For example, in an

organization if your manager gives you the power or authority to make a project and assigned

to be the project leader, you can’t pass the responsibility to others because it will cause

negligence of duty and distrust from your manager.

3. Explain why the Doctrine of Non-Delegation not absolute?

It is recognized that the doctrine of separation of power does not preclude a certain

degree of admixture of the three powers of government in administrative agencies. Different

administrative have judicial and legislative power granted by the constitution or what we call

quasi-judicial and quasi-legislative power of administrative agencies.

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