You are on page 1of 4

LAW DELEGATE QUESTIONED ACT VALID

VALID DELEGATION
1 RUBI Admin Code 1917 Sec. 2145 LG:Province of Mindoro Resolution to move Manguianes to a site Yes
2 ANTIPOLO PD: creating NHA EX:NHA Quasi jud: Reinstating Contract to Sell Yes
3 PITC AO: Chinese trade EX:PTIC Trade regulations on Chinese import Yes
4 ATITIW
5 SEC Revised Securities Act EX:SEC Lack of Rules
REQUISITES
1 AGUSTIN Vienna Convention EX:Land Trans. Com. Memorandum Circular Yes
2 FREE TELE BP130 EX:Min. of Labor jurisdiction on strikes Yes
3 GUINGONA RA: President obtain for. Loan EX: President PD: automatic debt service approp. Yes
COMPLETE
1 ARANETA Act: Restrict fish nets EX: Sec. of Agri. Regulation: Include Trawls Yes
2 MARCOS Central Bank Act: Penalizes EX: Central Bank MB CB Circ: consolidated rules of CB Yes
3 GEROCHI EPIRA: impose Univ. Charge EX: DOE Rule: ERC determines Univ. Charge Yes
4 SJS Dangerous Drugs Act CC: DOH Rule: drug test Yes
5 PACIFIC PD: creating NPCC EX: LLDA LLDA imposed Penalty for pollutants Yes
6 DISINI Cybercrime Law CICC under OP Formulate cybersecurity plan Yes
FIXES A STANDARD
P ROSENTHAL Act: issue/cancel permits EX: Insular Treasurer Free discretion in issuing permit Yes
EASTERN EO: POEA to make rules EX: POEA Memo: Rules on adjudicatory function Yes
TABLARIN Medical Act of 1959 Board of Med Educ Order:NMAT for admixn to Med school Yes
CONFERENCE EO: POEA to make rules EX: POEA Reso: provide rate of death compensation Yes
OSMENA PD: ERB may impose amts EX: ERB Used money as Trust Acct not Special Fund Yes
VIOLA LGC: officers of Liga ng Bgy EX: DILG Rule: 1, 2, 3 VP, auditor Yes
ABAKADA VAT law EX: Pres/Sec Finance Raise rate from 10-12% Yes
BELTRAN RA: Natl Blood Services Act EX: DOH AO: 2 yr ext to phase out blood banks Yes
BAYAN BP: Public Assembly Act LG: Mayor No permit no rally, CPR Policy Yes
ABAKADA RA: Attrition Act 2005 EX: President Power to fix revenue targets Yes
DETAILS
FERNANDEZ Admin Code: reorganization CC: CSC Res: OCSS+OPIA=RDO Yes
CHIONGBIAN ARMM Charter EX: President EO:Reorganize regions not included in ARMM Yes
TONDO Health Sector Reform Agenda EX: President Streamlining Yes
RODRIGO Position Classification Act EX: DBM Index of Occupational Services Yes
MALARIA EO: Redirect functions of DOH EX: Health Sec Streamlining Yes
ANAK Law created DAR PCUP NCIP EX: Sec Agri EO:Merging of PCUP and NCIP Yes
PICHAY Administrative Code EX: President EO: PAGC to Exec. Sec. LA under OP Yes
ARROYO Administrative Code DOJ and COMELEC Joint Panel to investigate electoral fraud Yes
UNDUE DEL.
VERA Probationary Act LG: Provincial Board Whether law will apply No
BARRIAS Philippine Customs Admin. Act EX: Collector Impose penalties No
PANLILIO Act 1970: Quarantine of Animals EX: Bu. Of Agriculture Penalizing violations of the Orders of the BA No
MACEREN Fisheries Law EX: Comm. Of Fisheries Penalizing Electro Fishing No
DACUYCUY Magna Carta for School Teachers Court fine or imprisonment at discretion of court No
CEBU OXY
YNOT EO 626 EX: President Amendment imposing penalty of confiscation Yes.
PHARMACEUTICAL Milk Code EX: DOH RIRR No
ABAKADA RA 9335 Attrition act Oversight Committee Approve the Rules No
COCOFED
BELGICA
EXEC. MISAPP.
TATAD V. DOE
MERE DIRECTIVE
DAGAN
REASON

LGU, immemorial practice, they know best


Administrative; technical expertise
President has delegated legislative power; PTIC has valid delegation

No need for rules to implement.

There are standards. Express or implied.


President's legislative power; definite scope of executive
Complete; the amount to be disbursed is determined by the books of the Treasury

Complete; regulate fishing and equipment to protect fish fry or eggs


defined offense and penalty
Complete:legislative parameters on amount imposed ; Standards:ensure total electrification
Complete: random drug testing, procedure is provided by law
Complete: PD provided for the penalty to be imposed not LLDA
Complete: prevent and combat cyber offenses by facilitating their detection, investigation, and prosecution

St: Issue if comply with the Act 2581; cancel if public interest+intent of Act to protect public
St: Protect rights of OFW to fair and equitable Employment Practices
Valid reason to regulate medicine profession; standardization & regulation of med educ
St: Protect rights of OFW to fair and equitable Employment Practices
St: Protect local consumer by stabilizing and subsidizing pump rates
St: create such other positions as it may deem necessary for management
St: recommendation of Sec if GDP meets requirement; ascertain facts only
St: Promote pub health, provide safe, adequte blood supply
St: Clear and Present Danger Test: imminent and grave danger
St: to optimize revenue generation; encourage employees to exceed target

CSC: best knows how to streamline to meet decentralization of CSC


Pres has power of general supervision: Reorganize: to promote simplicity, economy, efficiency
Law granst the executive to reorganize SEE same as Chiongbian
Cumbersome for congress to fill in details everytime, DBM does it through index
Must be with GOOD FAITH
Admin Code 31 SEE
President's authority to reorganize offices under him to achieve simplicity, economy and efficiency
Concurrent Jurisdiction; Final decision remains with COMELEC

Leaves discretion on Provincial Board whether or not law will apply


Penalty even of vilation of Rules must be provided by congress alone
Law did not provide that violation of rules is penalized
Legislative cannot delegate duty to define and penalize offenses
No point of reference as against other cases

It was not for implementing the laws but in exercise of his legislative authority under Amendment No. 6
WHA Resolution is soft law not part of treaty.
The act is judicial and nature and cannot be given to Oversight Committee.