Miguel Adalem ± Delegation 2
Issue : w/n Act 2868 delegates legislative power to the Governor-GeneralHeld : Unconstitutional and void; lower courts decision was reversed and petitioner discharged.Ratio : When it authorizes the Gov-Gen to fix the price at which rice should be sold, it can be gathered thatlegislative power to enact law, is lodged in the Executive.: Promulgation of temporary rules and emergency measures was left to the discretion of the Gov-Gen: Legislature did not specify or define what conditions the Gov-Gen shall issue the proclamation; the actstates that it can be issued For any cause: Legislature did not define what is an extraordinary rise in the price of rice. (which shall be what isprevented by such legislature): In the absence of the proclamation, it was not a crime to sell rice at any price; if ever there is a crime, itis because the Gov-Gen issued the proclamation.: The power conferred upon the legislature to make laws cannot be delegated to the Gov-Gen or anyoneelse. The legislative cannot delegate the legislative power to enact any law; it can only pass a law that doesnothing more than to authorize the Gov-Gen to make rules and regulations to carry the law into effect.
Conference of Maritime Manning Agencies, Inc v. POEA
Facts : Board Resolution 1, January 1994 has amended the increase of compensation and benefits the POEAsStandard Employment Contract for Seafarers, providing that In case of death, the employer should pay thebeneficiaries in Peso the amount of $50,000 and additional $7000 to each child under 21 but not more than 4children; if done within war or warlike area, it should be doubled: Resolution should take effect 60 days from publication in a newspaper of general circulation.: All licensed manning agencies which hire and recruit Filipino Seamen filed a petition to annul resolution1, series of 1994 on the grounds that
The POEA does not have the power and authority to promulgate ratesaffecting death and workmens compensation; only congress can
Even if POEA has the power, it violated thestandards of its exercises
Resolution and Memorandum circular are unconstitutional because they violatethe equal protection and non impairment of obligation of contracts
Resolution are not the valid acts of governing board because the private sector representative has not been appointed by the President.
Issue : Whether the issuance of the challenged resolution and memorandum circular was a valid exercise of the POEA's rule-making authority or power of subordinate legislationHeld : Authorization had been granted the National Seamen Board, which had itself prescribed a standardshipping contract substantially the same as the format adopted by the POEA.: Principle of non-delegation of powers is applicable to all the three major powers of the Governmentbut is especially important in the case of the legislative power because of the many instances when itsdelegation is permitted.: it is a rare occasion where in executive or judicial powers has to be delegated but in case of legislativepower, there is an exception because of complexity in the task of government and inability of the legislature togive attention to it.: The reason given for the delegation of legislative powers in general are particularly applicable toadministrative bodies.: legislature has found it more and more necessary to entrust to administrative agencies the authority toissue to carry out the general provisions of the statute. This is called the "power of subordinate legislation.: the making of laws is a non-delegable power that pertains exclusively to Congress, nevertheless, thelatter may constitutionally delegate the authority to promulgate rules and regulations to implement a givenlegislation and effectuate its policies, for the reason that the legislature finds it impracticable, if not impossible,to anticipate situations that may be met in carrying the law into effect.