Constitutional Law I: Delegation of Power

Summarized by: Eunice Lao Saavedra Delegation of power - an act whereby an authority is vested with certain power turns over the exercise of such power, in full or in part, to another authority "Potestas Delegata Non Delegari Potest" - What has been delegated cannot be further delegated; A power can be delegated, but once delegated, it cannot be further delegated. A further delegation of such power, unless permitted by the sovereign power, would institute a negation of the duty. Reasons for delegation of legislative power: (1) because of the increasing complexity of the task of the government and the growing inability of the legislative to cope directly with problem (2) because the growth of society has ramified government's activities and created problems cannot expected too reasonably comprehend (3) for specialization - so that the congress may be relieved from problems that are solved by more capable entities to tackle on more serious difficulty of the country requiring more direct and immediate attention Cases in which the delegation of Legislative power is permitted: (1) Delegation of Tariff powers to the President (2) Delegation of emergency powers to the President (3) Delegation to the people at large (4) Delegation to local governments (5) Delegation to administrative bodies DELEGATION OF TARIFF POWERS Tariff power, a power to tax, is a legislative power because taxes are imposed through enactment of law which is a legislative power. Pursuant to Sec 28(2) Art. 6 of the constitution, the delegation of tariff power to the President is not selfexecutive because such delegation is made by law within and subject to specified limits and restriction of the Congress and within the framework of the national development program of the Government. " Sec. 23. (2): In times of war or other national emergency, the Congress may by law authorize the President, for limited period and subject to such restrictions as it may prescribe, to exercise power necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such power shall cease upon its next adjournment." In times of war and national emergency, delegation of emergency powers is vested by the Congress upon the President because such problems are to be solved in the shortest possible time to prevent them from aggravating the difficulties of the nation. The conditions for the vestures of emergency powers in the President (sec.17 Art 12 and Sec.23 Art 6): (1) there must be war or national emergency (2) the delegation must be for a limited time only (3) the delegation must be subject to such restrictions as prescribed by Congress (4) the emergency powers must be exercised to carry out national policy declared by the Congress There can be no delegation of emergency powers in the absence of national emergency. Emergency powers are self-liquidating in the sense that it will automatically cease upon the end of an emergency that justified their delegation. Other national emergency: (1) rebellion (2) economic crisis (3) pestilence or epidemic (4) typhoon (5) flood "Sec 28 (2): The Congress may by law authorize the President to fix within specified limits, and subject to such limitations and restriction as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties impose, within the framework of the national development program of the Government." Reason for delegation: Necessity and expediency to act immediately on certain matters affecting the national economy DELEGATION OF EMERGENCY POWERS

Constitutional Law I: Delegation of Power

Summarized by: Eunice Lao Saavedra Conferment of emergency powers on the President is not mandatory on the Congress. Congress may choose to hold on to its legislative powers and validly refuse to delegate it. Emergency power vested to the President in pursuant to Sec 23(2) may be withdrawn by the Congress through a resolution of the Congress. If not withdrawn and emergency still exists, the emergency power shall continue until the next adjournment of the Congress. Emergency does not automatically confer emergency powers on the President. The specific requirement of the Constitution is that the president may be authorized to exercise powers "necessary and proper" only for the purpose of carrying out national policy declared by the Congress. "Emergency itself cannot and should not create power" - Chief Justice Paras In David v Arroyo, SC emphasized that Sec 2. (2) Art. 6 of the Constitution, refers not only to war but also to other national emergency. The court ruled that the framers did not intend that Congress should first authorize the President before he can declare a state of national emergency. The logical conclusion then is that the President could validly declare the existence of a state of national emergency even in the absence of a Congressional enactment. But the exercise of emergency powers, such as the taking over of privately owned public utility or business affected with public interest, is a different matter. This requires a delegation from Congress. DELEGATION TO THE PEOPLE AT LARGE Congress did not permit the delegation of Legislative power to the people at large rather, the people have expressly reserved such power by the provision on initiative and referendum as provided in Sec.1 Art.6 of the Constitution. Therefore, the function of the Legislation can be exercised by the people, even to the extent of accepting or rejecting a law only in cases where, by Constitution, the people have expressly reserved to themselves a power of decision: initiative and referendum. Referendum v Plebiscite: Referendum - method of submitting an important legislative measure to a direst vote of the whole people. Plebiscite - "decree of the people". It is a device to obtain a direct popular vote on matter of a political importance, but chiefly in order to create some more or less permanent political condition A referendum differs from a plebiscite in a sense that the questions submitted in the plebiscite are intended to work more permanent changes in a political structure. e.g. proposal to amend a Constitution. DELEGATION TO LOCAL GOVERNMENTS This is based on the recognition that local legislatures are more knowledgeable than national lawmaking body on matters of purely local concern and are therefore in a better position to enact the necessary and appropriate legislation thereon. Such legislation is not regarded as a transfer of general legislative power, but rather as the grant of the authority to prescribe local regulations. However, the power of taxation is derived by them directly from the Constitution which is subject only to limitations that may be imposed by the Congress. In Sema v COMELEC, it is noted that there is neither an express prohibition nor an express grant of authority in the Constitution for Congress to delegate to regional or local legislative bodies the power to create local government units. However, under its plenary legislative powers, Congress can delegate to local legislative bodies the power to create local government units, subject to reasonable standards and provided no conflict arises with any provision of the Constitution. DELEGATION TO ADMINISTRATIVE BODIES The national legislature has found it more necessary to entrust to administrative agencies the "power of subordinate legislation". Power of subordinate legislation - power with which administrative bodies may implement the board policies laid down in a stature by "filling in" the details which Congress may not have the opportunity or competence to provide.

Constitutional Law I: Delegation of Power

Summarized by: Eunice Lao Saavedra In Palaez v Auditor General, the court ruled that the authority to CREATE municipal corporations is essentially legislative in nature and cannot be exercise by the President.

Policies which administrative agencies can issue: (1) supplementary regulations - implementing rules issued by the Dept. of Labor on the Labor Code. (2) contingent regulations - delegation of authority to determine some fact or state of things upon which the enforcement of law depends. Therefore, administrative bodies are allowed to ascertain the existence of particular contingencies and in the basis therof enforce or suspend the operation of law. Tests of Delegation In Eastern Shipping Lines v POEA, the court ruled that, what can be delegated is the discretion to determine HOW the law may be enforced, not WHAT the law shall be. Completeness test - all laws must be complete in all its terms and provisions/conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it. The legislature does not abdicate its function when they describe what job must be done, who to do it, and what is the scope of authority. In US v Ang Tang Ho, the statute constituted an invalid delegation where it leaves to the sole discretion of the Governor-General to say what was and what was not any cause for enforcing it. In Ynot vs IAC, the court ruled that the phrase "may see fit" is an extremely generous and dangerous condition. It is laden with perilous opportunities for partiality and abuse, and even corruption. Options are apparently boundless. Definitely, there is a 'roving commission and sweeping authority that is not canalized within banks that keep it from overflowing,' in short a clearly profligate and therefore invalid delegation of legislative powers. Sufficient standard test - maps out the boundaries of the delegates authorities by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected; it is indicated to prevent total transference of power from the lawmaking body or legislature to the delegate.