CONSTITUTIONAL LAW 1

Layla-Tal Medina 2007-67099-1 Delegation of Powers, Legislative Department, Powers of the Congress DELEGATION OF POWERS “Potestas delegate non delegare potest”- “What has been delegated cannot be delegated” Basis: the ethical principle that 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 through the intervening mind of another. RESULT OF FURTHER DELEGATION: it would constitute a negation of duty in violation of the trust reposed in the delegate mandated to discharge it directly. WHEN AND WHERE IT IS APPLICABLE • It is applicable to all the three major powers of the government, but is especially important in the case of the legislative power because of the many instances when delegation is permitted.

Reason: the necessity of the Chief Executive the authority to act immediately on matters concerning national economy lest delay cause hardship to the people.

2.

Emergency powers-In times of war, convening a quorum is highly unlikely for it to do business. Even if it were possible, there will still be delay in the lawmaking process that could hamper solutions of the problem caused by the emergency. These problems need to be solved as not to cause further hardship on the people.

What happens when emergency powers are delegated? • The President, in effect, becomes a Constitutional dictator. However, there is no total abdication of power from the legislature. The conferment of such power is subject to restrictions and requirements determined to make him an agent, NOT a replacement of the legislature.

Requisites for Delegation of Emergency Powers 1. 2. 3. There must be war or other national emergency. Delegation must be for a limited period only. Delegation must be subject to such restrictions as the Congress may prescribe. Emergency powers must be exercised to carry out a national policy declared by the Congress.

4.

Reason: • The increasing complexity of government tasks makes the legislature unable to cope directly with problems that demand its attention. The growth of society has created peculiar and sophisticated problems that the legislature cannot be expected to reasonably understand. There is a need for specialization for there are so many matters that may need attention but the legislators may not have any competence, the time or interest to provide a direct and desired result, or even specific solutions.

There can be no emergency powers in the absence of an emergency. Furthermore, these powers are self-liquidating unless they are withdrawn sooner in the sense that it will cease automatically upon the end of the emergency that justified the delegation. Other instances of national emergency 1. 2. 3. 4. 5. rebellion economic crisis pestilence epidemic flood or similar catastrophe of nationwide proportions

CASES WHERE DELEGATION IS PERMITTED 1. Delegation of tariff powers- the taxing power, vested in the Congress (impose taxing rates, import and export quotas, tonnage and wharfage dues and other duties and imports).

Conferment of this said power to the President is not mandatory on the Congress. Even in the face of the worst crisis, the Congress can still hold to its legislative powers and validly refuse to delegate. Should they

delegate it, the duration would be limited and can be terminated even before the end of emergency. The emergency does not automatically confer powers to the President. In the same thread, mere continuance of the emergency does not necessarily lengthen or continue the emergency powers if they have been granted at a shorter period. To prevent the delegation from being a total surrender of legislative authority, it must be subject to the restrictions provided by the Congress. Any act that is not in keeping with the scope of national policy can be challenged as beyond the scope of his delegated authority. 3. Delegation to the People

Even if the law does not expressly pinpoint the standard, the Court will bend over backward to locate the same elsewhere into spare the statute (if it can) from constitutional infirmity.

The Legislative Department Consists of… 1. 2. The House of Representatives The Senate

REFERENDUM- a method of submitting an important legislative measure to a direct vote of the whole people. PLEBISCITE- a device to obtain a direct popular vote on a matter of political importance; creating a more or less permanent political condition. 4. 5. Delegation to local governments Delegation to administrative bodies

1. THE SENATE 1.1 COMPOSITION The Senate is composed of 24 senators who shall be elected at large by qualified voters of the Philippines as provided by law. 1.2 QUALIFICATIONS A, Age- must be at least 35 years old at the day of elections and NOT on the day of proclamation of winners. B. DOMICILE Domicile-place where one habitually resides and to which, he is absent, has the intention of returning. C. OTHER QUALIFICATIONS • • • Must be a natural-born Filipino citizen Must be able to read and write Must be a registered voter

TESTS OF DELEGATION 1. The completeness test- the law must be complete in all its essential terms and conditions when it leaves the legislature so there will be nothing left for the delegate to do but to enforce it when it reaches him. The sufficient standard test-intended to map out boundaries of the delegate’s authority by defining the legislative policy and indicating the circumstances under which it is pursued and effected. The purpose of the sufficient standard is to prevent a total transference of legislative power from the law making power to the delegate.

2.

Note: The sufficient standard is usually indicated in the law delegating legislative power.

2. THE HOUSE OF REPRESENTATIVES

2.1 Consists of… a. b. district representatives party list representatives

2.2 Qualifications A, Age qualification is slightly lower than that of the Senate B. Residence must be in the district, not in the province comprising the district for one year immediately preceding the election. Purpose: To ensure familiarity with the conditions and problems of the constituency sought to be represented and consequent efficiency and concern in the discharge of legislative duties. 2.3 Term- limited to three terms only, or a total of nine years PARTY LIST REPRESENTATIVES -shall constitute 20% of the total membership of the body

Provisions of RA 7941 1. Any political party, organ i sa t i on , coa l i t i on may f i l e a ver i f i ed pet i t i on th rough i t s pres iden t or sec re ta ry f o r i t s par t i c ipa t ion i n the par ty - l i s t sys tem a t tach ing a copy o f i t s cons t i tu t i on , by - l aws ,

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