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Grace Notes
The Philippine Political Law by Justice Isagani Cruz
DELEGATION OF POWERS Principle of NON-DELEGATION of POWERS -
What has been delegated cannot be delegated
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Such
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.
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FURTHER DELEGATION: would constitute a NEGATION of his DUTY, UNLESS permitted by the SOVEREIGN POWER.
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Applicable to all THREE MAJOR POWERS of the govt. BUT is ESPECIALLY IMPORTANT in the case of LEGIS TLATIVE POWER because
of the many instances when its delegation is permitted. o
o
REASON: increasing complexity of the task of the government and
the growing inability of the legislature to cope directly with the many problems demanding its attention. EXAMPLE: Problem of common carries. T he he Congress may create an administrative body like the Board of T ransportation ransportation and empower it to promulgate the needed rules and regulations, subject to statutory limitations or broad policies pre-determined by the legislature itself.
PERMISSIBLE DELEGATION 1. Delegation of tariff powers to the president The Congress may by law authorize the President to fix within specified limits , and subject to such limitations 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 ( Government (Sec. 28 (2) of the Constitution). REASON: necessity of giving the chief executive the authority to act
immediately on certain matters affecting the national economy lest delay res ult in hardship to the people.
2. Delegation of emergency powers to the President I n
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 exercise powers necessary and proper to carry out a declared Jesus said, ³My GRACE is SUFFICIENT SUFFICIENT for you, for my POWER is made PERFECT in WEAKNESS´ (2 Cor. 12:9)
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Grace Notes
The Philippine Political Law by Justice Isagani Cruz
national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon its next adjournment (Sec. 23 (2) Consti). REASON: such problems must be solved within the shortest possible time to prevent them from aggravating the difficulties of the nation. Conditions: here must be war or other national emergency ( rebellion , - T here economic crisis, pestilence or epidemic, typhoon, flood) he delegation must be for a limited period only. - T he he delegation must be subject to such restrictions as the - T he Congress may prescribe. he emergency powers must be exercised to carry out a - T he national policy declared by the Congress. LIMITATIONS: - Conferment of emergency powers on the President is NOT MANDATORY on the CONGRESS. - Emergency itself cannot and should not create power. - T o prevent the delegation from being a total surrender of legislative authority , it must be subject to the restrictions to be prescribed by the Congress.
3. Delegation to the people at large
he people act only through their representatives in the legislature. Such - T he reference of the law to the people at large for acceptance or rejection is plain surrender of the law-making power.
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REFERENDUM: a method of submitting important legislative measure to
a direct vote of the whole people.
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PLEBISCITE: is 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 ( amend the Constitution)
4. Delegation to local governments REASON: the local legislatures are more knowledgeable than the national lawmaking body on matters of p urely local concern and are therefore in a better position to enact the necessary and appropriate legislation thereon.
Jesus said, ³My GRACE is SUFFICIENT SUFFICIENT for you, for my POWER is made PERFECT in WEAKNESS´ (2 Cor. 12:9)
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Grace Notes
The Philippine Political Law by Justice Isagani Cruz
5: Delegation to Administrative Bodies REASON: with the proliferation of specialized activities and their attendant peculiar problems, the national legislature has found it more and more necessary to entrust to administrative agencies the ´power of subordinate legislationµ. PURPOSE: the administrative bodies may implement the broad policies laid down in a stat ute by ´filling in· the details which the Congress may not have the opportunity or competence to provide. HOW: by promulgation of what are known as supplementary regulations, such as implementing rules issued by the Department of L abor abor on the L abor abor Code. Administrative agencies may also issue contingent regulations pursuant to a
delegation of authority to determine some fact or state of things upon which the enforcement of law depends. .. T hey hey may suspend or enforce the operation of the law.
TESTS of DELEGATION 1. The Completeness Test T he he law must be complete in all its essential terms and conditions when
it leaves the legislature so that there will be nothing left for the delegation to do when it reaches him except enforce it. 2. The 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. T he he purpose of this test is to prevent a total transference of legislative power from the lawmaking body to the delegate.
Jesus said, ³My GRACE is SUFFICIENT SUFFICIENT for you, for my POWER is made PERFECT in WEAKNESS´ (2 Cor. 12:9)
