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Case 37-CoTeSCUP v Secretary of Education

Facts: The petitioners assailed the validity of the K-12 Law, K-12
Implementing Rules and Regulations, as well as all the other
issuances in relation to its implementation. Petitioners claim
that the K to 12 Law constitutes an undue delegation of
legislative power.
Issue: Is there undue delegation of power?
Ruling:
No, there is none.
The test for determining whether or not a statute constitutes an
undue delegation of legislative power are the completeness test,
and sufficient standard test. Under the first test, the law must be
complete in all its terms and conditions when it leaves the
legislature such that when It reaches the delegate, the only thing
he will have to do is to enforce it. The sufficient standard test, on
the other hand, mandates adequate guidelines or limitations in
the law to determine the boundaries of the delegate’s authority
and prevent the delegation from running riot. It must specify the
limits of the delegate’s authority, announce the legislative
policy, and identify the conditions under which it is to be
implemented.
In the present case, the K-12 Law adequately provides the
legislative policy to implement in its declaration of policy.
Moreover, scattered throughout the K to 12 Law are the
standards carrying out the provisions of the law, from the
development of the K to 12 curriculum, to the hiring and training
of teaching personnel and to the formulation of appropriate
strategies in order to address the changes during the transition
period. Clearly, under the two tests, the K to 12 Law, is complete
in all essential terms and conditions and contains sufficient
parameters on the power delegated. Hence, there is a valid
delegation of power.

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