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Separation and Delegation - 5!10!17
Separation and Delegation - 5!10!17
MENDIOLA, MANILA
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SAN BEDA COLLEGE OF LAW 2017
MENDIOLA, MANILA
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SAN BEDA COLLEGE OF LAW 2017
MENDIOLA, MANILA
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SAN BEDA COLLEGE OF LAW 2017
MENDIOLA, MANILA
Mayor, were candidates voted for the Assembly"; that in adopting its resolution
position of member of the National of December 9, 1935, fixing this date as
Assembly for the first district of the the last day for the presentation of
Province of Tayabas in the September 17, protests against the election of any
1395 election. Petitioner was proclaimed member of the National Assembly, it acted
to be a member-elect of the National within its jurisdiction and in the
Assembly by the Provincial Board of legitimate exercise of the implied powers
Canvassers. Thereafter, petitioner took granted it by the Constitution to adopt the
his oath. rules and regulations essential to carry
out the powers and functions conferred
The National Assembly passed a upon the same by the fundamental law;
Resolution, confirming proclamation of that in adopting its resolution of January
Angara. Ynsua filed before the respondent 23, 1936, overruling the motion of the
Electoral Commission a "Motion of petitioner to dismiss the election protest
Protest" against the election of petitioner, in question, and declaring itself with
and praying that said respondent be jurisdiction to take cognizance of said
declared elected member, or that the protest, it acted in the legitimate exercise
election of said position be nullified. The of its quasi-judicial functions as an
respondent denied petitioner's "Motion to instrumentality of the Legislative
Dismiss the Protest." Petitioner argues Department of the Commonwealth
that: the Constitution confers exclusive Government, and hence said act is beyond
jurisdiction upon the Electoral the judicial cognizance or control of the
Commission solely as regards the merits Supreme Court, among others.
of contested elections to the National
Assembly, and that the Constitution Petitioner prayed for the issuance of a
excludes from said jurisdiction the power preliminary writ of injunction against the
to regulate the proceedings of said Commission, which petition was denied
election contests, which power has been "without passing upon the merits of the
reserved to the Legislative Department of case."
the Government or the National Assembly.
ISSUE: Whether or not the Electoral
The Solicitor-General appeared and filed Commission acted without or in excess of
an answer in behalf of the respondent, its jurisdiction in assuming to take
interposing the special defense that the cognizance of the protest filed against the
Commission has been created by the election of the herein petitioner
Constitution as an instrumentality of the notwithstanding the previous
Legislative Department invested with the confirmation of such election by
jurisdiction to decide "all contests relating resolution of the National Assembly.
to the election, returns, and qualifications
of the members of the National HELD:
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SUBIJANO, CHRISTOPHER
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SAN BEDA COLLEGE OF LAW 2017
MENDIOLA, MANILA
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SAN BEDA COLLEGE OF LAW 2017
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including in its membership three justices National Assembly has chosen to act, a
of the Supreme Court. situation worse than that intended to be
remedied by the framers of our
The grant of power to the Electoral Constitution. The power to regulate on
Commission to judge all contests relating the part of the National Assembly in
to the election, returns and qualifications procedural matters will inevitably lead to
of members of the National Assembly, is the ultimate control by the Assembly of
intended to be as complete and the entire proceedings of the Electoral
unimpaired as if it had remained Commission, and, by indirection, to the
originally in the Legislature. The express entire abrogation of the constitutional
lodging of that power in the Electoral grant. It is obvious that this result should
Commission is an implied denial of the not be permitted.
exercise of that power by the National
Assembly. If the power claimed for the
National Assembly to regulate the
proceedings of the Electoral Commission Political Question vs. Justiceable Question
and cut off the power of the Electoral The term "political question" connotes what it
Commission to lay down a period within means in ordinary parlance, namely, a
which protest should be filed were question of policy. It refers to those questions
conceded, the grant of power to the which under the Constitution, are to be
commission would be ineffective. decided by the people in their sovereign
The Electoral Commission in such a case capacity; or in regard to which full
would be invested with the power to discretionary authority has been delegated to
the legislative or executive branch of the
determine contested cases involving the
government. It is concerned with issues
election, returns, and qualifications of the
dependent upon the wisdom, not legality, of a
members of the National Assembly but particular measure"
subject at all times to the regulative
power of the National Assembly. Not only A purely justiciable question or controversy
would the purpose of the framers of our as it implies a given right, legally demandable
Constitution of totally transferring this and enforceable, an act or omission violative
authority from the legislative body be of said right, and a remedy, granted or
frustrated, but a dual authority would be sanctioned by law, for said breach of right.
created with the resultant inevitable clash Before and after the ratification and
of powers from time to time. A sad effectivity of the New Constitution, the nature
of the aforesaid issue as well as the
spectacle would then be presented of the
consequences of its resolution by the Court,
Electoral Commission retaining the bare
remains the same as above-stated. [Casibang
authority of taking cognizance of cases vs. Aquino, G.R. No. L-38025, August 20,
referred to, but in reality without the 1979]
necessary means to render that authority
effective whenever and wherever the
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SAN BEDA COLLEGE OF LAW 2017
MENDIOLA, MANILA
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SAN BEDA COLLEGE OF LAW 2017
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from it. Note also that there are powers Constitution, it becomes not only the right
which although not expressly conferred but the duty of the judiciary to settle the
nor implied therefrom, are inherent or dispute.
incidental, e.g., the President’s power to
deport undesirable aliens which may be “The term 'political question’ connotes
exercised independently of constitutional what it means in ordinary parlance,
or statutory authority, because it is an namely a question of policy. It refers to
“act of State”. See also: Marcos v. those questions which, under the
Manglapus, 178 SCRA 760, where the Constitution, are to be decided by the
Supreme Court justified the action of people in their sovereign capacity, or in
President Aquino in banning the return of regard to which full discretionary
the Marcoses to the Philippines on the authority has been delegated to the
basis of the President’s residual powers. legislative or executive branch of
government. It is concerned with issues
dependent upon the wisdom, not legality,
Political and justiciable questions. “A of a particular measure” [Tanada v.
purely justiciable question implies a given Cuenco, 100 Phil 1101].
right, legally demandable and enforceable,
an act or omission violative of such right, Thus, in Defensor-Santiago v. Guingona,
and a remedy granted and sanctioned by G.R. No. 134577, November 18, 1998,
law for said breach of right” [Casibang v. where Senator Defensor-Santiago
Aquino, 92 SCRA 642]. questioned the election of Senator
Guingona as Minority Floor Leader, the
In Tatad v. Secretary of Energy, supra., Supreme Court said that it “has no
the Supreme Court ruled that what the authority to interfere and unilaterally
petitioners raised were justiciable intrude into that exclusive realm, without
questions, considering that the running afoul of constitutional principles
“statement of facts and definition of that it is bound to protect and uphold ---
issues clearly show that the petitioners the very duty that justifies the Court’s
are assailing R.A. 8180 because its being. Constitutional respect and a
provisions infringe the Constitution and becoming regard for the sovereign acts of
not because the law lacks wisdom”. a co-equal branch prevent this Court from
prying into the internal workings of the
In Tanada v. Angara, supra., the petition Senate. To repeat, this Court will be
seeking the nullification of the Senate neither a tyrant nor a wimp; rather, it will
concurrence of the President’s ratification remain steadfast and judicious in
of the Agreement establishing the World upholding the rule and the majesty of the
Trade Organization (WTO), was held to law.” See also Bagatsing v. Committee on
present a justiciable controversy, because Privatization, supra., where it was held
where an action is alleged to infringe the that the decision of PNOC to privatize
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Petron and the approval of such by the System and should have been filed against
Committee on Privatization, being in the State Insurance Fund. The POEA
accordance with Proclamation No. 50, nevertheless assumed jurisdiction and
cannot be reviewed by the Courts, after considering the position papers of
because such acts are an exercise of the parties ruled in favor of the
executive functions over which the Court complainant.
will not pass judgment nor inquire into
the wisdom of. For further application of Petitioner came to this Court, prompting
the “political question” principle, read the Solicitor General to move for
Sanidad v. Comelec, 73 SCRA 333, and dismissal on the ground of non-
Romulo v. Yniguez, 141 SCRA 263. exhaustion of administrative remedies.
Ordinarily, the decisions of the POEA
But remember that the scope of the should first be appealed to the National
political question doctrine has been Labor Relations Commission, on the
limited by the 2nd paragraph, Sec. 1, Art. theory inter alia that the agency should be
VIII, particularly the portion which vests given an opportunity to correct the errors,
in the judiciary the power “to determine if any, of its subordinates. This case comes
whether or not there has been a grave under one of the exceptions, however, as
abuse of discretion amounting to lack or the questions the petitioner is raising are
excess of jurisdiction on the part of any essentially questions of law.
branch or instrumentality of the
Government”. Moreover, the private respondent himself
has not objected to the petitioner's direct
resort to this Court, observing that the
usual procedure would delay the
disposition of the case to her prejudice.
EASTERN SHIPPING LINES,
INC. VS. POEA ISSUE: Whether or not there had been a
G.R. NO. 76633, OCTOBER 18, 1988 valid delegation of power.
CRUZ, J.:
HELD:
FACTS: What can be delegated is the discretion to
Vitaliano Saco was Chief Officer of the determine how the law may be enforced,
M/V Eastern Polaris when he was killed not what the law shall be. The
in an accident. His widow sued for ascertainment of the latter subject is a
damages under E.O. 797 and prerogative of the legislature. This
Memorandum Circular No. 2 of the POEA. prerogative cannot be abdicated or
The petitioner, as the vessel owner, surrendered by the legislature to the
argued that the complaint was cognizable delegate.
not by the POEA but by the Social Security
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There are two accepted tests to determine with the myriad problems demanding its
whether or not there is a valid delegation attention. The growth of society has
of legislative power, viz, the completeness ramified its activities and created peculiar
test and the sufficient standard test. and sophisticated problems that the
Under the first test, the law must be legislature cannot be expected reasonably
complete in all its terms and conditions to comprehend. Specialization even in
when it leaves the legislature such that legislation has become necessary. To
when it reaches the delegate the only many of the problems attendant upon
thing he will have to do is enforce it. present-day undertakings, the legislature
Under the sufficient standard test, there may not have the competence to provide
must be adequate guidelines or stations in the required direct and efficacious, not to
the law to map out the boundaries of the say, specific solutions. These solutions
delegate's authority and prevent the may, however, be expected from its
delegation from running riot. Both tests delegates, who are supposed to be experts
are intended to prevent a total in the particular fields assigned to them.
transference of legislative authority to the
delegate, who is not allowed to step into The reasons for the delegation of
the shoes of the legislature and exercise a legislative powers in general are
power essentially legislative. particularly applicable to administrative
bodies. With the proliferation of
The principle of non-delegation of powers specialized activities and their attendant
is applicable to all the three major powers peculiar problems, the national
of the Government but is especially legislature has found it more and more
important in the case of the legislative necessary to entrust to administrative
power because of the many instances agencies the authority to issue rules to
when its delegation is permitted. The carry out the general provisions of the
occasions are rare when executive or statute. This is called the "power of
judicial powers have to be delegated by subordinate legislation."
the authorities to which they legally
certain. In the case of the legislative With this power, administrative bodies
power, however, such occasions have may implement the broad policies laid
become more and more frequent, if not down in a statute by "filling in' the details
necessary. This had led to the observation which the Congress may not have the
that the delegation of legislative power opportunity or competence to provide.
has become the rule and its non- This is effected by their promulgation of
delegation the exception. what are known as supplementary
regulations, such as the implementing
The reason is the increasing complexity of rules issued by the Department of Labor
the task of government and the growing on the new Labor Code. These regulations
inability of the legislature to cope directly have the force and effect of law.
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The courts, therefore, concern themselves by the people in their sovereign capacity,
only with the question as to the existence or in regard to which full discretionary
and extent of these discretionary powers. authority has been delegated to the
legislative or executive branch of the
"As distinguished from the judicial, the government."
legislative and executive departments are
spoken of as the political departments of Thus, it has been repeatedly held that the
government because in very many cases question whether certain amendments to
their action is necessarily dictated by the Constitution are invalid for non-
considerations of public or political policy. compliance with the procedure therein
These considerations of public or political prescribed, is not a political one and may
policy of course will not permit the be settled by the Courts. The term
legislature to violate constitutional "political question" connotes, in legal
provisions, or the executive to exercise parlance, what it means in ordinary
authority not granted him by the parlance, namely, a question of policy. In
Constitution or by, statute, but, within other words, in the language of Corpus
these limits, they do permit the Juris Secundum (supra), it refers to "those
departments, separately or together, to questions which, under the Constitution,
recognize that a certain set of facts exists are to be decided by the people in their
or that a given status exists, and these sovereign capacity, or in regard to which
determinations, together with the full discretionary authority has been
consequences that flow therefrom, may delegated to the Legislature or executive
not be traversed in the courts." branch of the Government." It is
(Willoughby on the Constitution of the concerned with issues dependent upon
United States, Vol. 3, p. 1326; emphasis the wisdom, not legality, of a particular
supplied.). To the same effect is the measure.
language used in Corpus Juris Secundum,
from which we quote:. "It is well-settled Such is not the nature of the question for
doctrine that political questions are not determination in the present case. Here,
within the province of the judiciary, the court is called upon to decide whether
except to the extent that power to deal the election of Senators Cuenco and
with such questions has been conferred Delgado, by the Senate, as members of the
upon the courts by express constitutional Senate Electoral Tribunal, upon
or statutory provisions. "It is not easy, nomination by Senator Primicias-a
however, to define the phrase `political member and spokesman of the party
question', nor to determine what matters, having the largest number of votes in the
fall within its scope. It is frequently used Senate-on behalf of its Committee on
to designate all questions that lie outside Rules, contravenes the constitutional
the scope of the judicial questions, which mandate that said members of the Senate
under the constitution, are to be decided Electoral Tribunal shall be chosen "upon
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nomination .. of the party having the to supervise and regulate media during
second largest number of votes" in the election or plebiscite period and can
Senate, and hence, is null and void. This is express his news through the Comelec
not a political question. The Senate is not space & airtime.
clothed with "full discretionary authority"
in the choice of members of the Senate ISSUE: Whether or not Comelec is granted
Electoral Tribunal. The exercise of its the power to regulate mass media during
power thereon is subject to constitutional election or plebiscite period under Article
limitations which are claimed to be 9C of the 19987 Constitution.
mandatory in nature. It is clearly within
the legitimate prove of the judicial HELD:
department to pass upon the validity the It is given that what was granted to
proceedings in connection therewith. Comelec was the power to supervise and
regulate the use and enjoyment of
franchises, permits, or other grants issued
for the operation of transportation or
other public utilities, media
SANIDAD V. COMELEC communication or information to the end
G.R. NO. L-44640. OCTOBER 12, 1976 that equal opportunity, time and space,
and the right to reply, including
FACTS: reasonable, equal rates therefore, for
Pablito Sanidad, a newspaper columnist public information campaign and forums
of “Overview,” a weekly newspaper among candidates are ensured. The evil
circulating in Baguio and the Cordilleras, sought to be prevented is the possibility
assailed the Constitutionality of Sec 19 of that a franchise holder may favor or give
the Comelec Resolution 2167 which any undue advantage to a candidate.
provides that during the plebiscite
campaign period, on the day before and Neither the Constitution nor RA 6646 can
on plebiscite day, no mass media be construed to mean that the Comelec
columnist, commentator, announcer or has also been granted the right to
personality shall use his column or radio supervise and regulate the exercise by
or television time to campaign for or media practitioners themselves of their
against the plebiscite issue. Petitioner right to expression during plebiscite
contends that it violates the freedom of periods. Media practitioners exercising
expression and of the press. Hence, their freedom of expression during
constitutes as a prior restraint in his plebiscite periods are neither the
constitutional right. Solicitor General franchise holders nor the candidates. In
contends that it does not violate the fact, there are no candidates involved in a
Constitution for it is a valid plebiscite. Comelec Resolution No 2167
implementation of the power of Comelec has no statutory basis.
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FACTS:
Petitioner was a member of the
Commission on Appointments
representing the Liberal Party. With the
organization of the LDP (Laban ng
Demokratikong Pilipino), some
congressional members belonging to the
Liberal Party resigned from said party to
join the LDP. When the Commission on
Appointments were reorganized,
petitioner was replaced by an LDP
representative.
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Rule: “Potestas delegata non potest What are the different kinds of
permissible delegations as an
delegare”, based on the ethical principle
exception to the general rule?
that delegated power constitutes not only
a right but a duty to be performed by the 1. tariff powers of the president
delegate through the instrumentality of 2. emergency powers to the
his own judgment and not through the president
intervening mind of another. 3. delegation to the people
4. delegation to the local government
ia) While PAGCOR is allowed units
under its charter to enter into 5. delegation to the people at large
operator’s and/or management 6. Delegation to the administrative
contracts, it is not allowed to agencies
relinquish or share its franchise,
much less grant a veritable
franchise to another entity such as I. TARIFF POWERS OF THE PRESIDENT
SAGE. PAGCOR cannot delegate its
power, inasmuch as there is SEC. 28(2), ART. VI, The Congress may, by law,
authorize the President to fix within specified
nothing in the charter to show that
limits, and subject to such limitations and
it has been expressly authorized to
restrictions as it may impose, tariff rates, import
do so.
and export quotas, tonnage and wharfage dues,
and other duties or imposts within the
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framework of the national development ISSUE: Whether or not EO 475 and 478 are
program of the Government. constitutional.
HELD: Under Section 24, Article VI of the
Constitution, the enactment of appropriation,
revenue and tariff bills, like all other bills is, of
course, within the province of the Legislative
GARCIA V. EXECUTIVE SECRETARY re: rather than the Executive Department. It does
tariff powers to the President not follow, however, that therefore Executive
Orders Nos. 475 and 478, assuming they may be
FACTS:
characterized as revenue measures, are
In November 1990, President Corazon Aquino prohibited to be exercised by the President,
issued Executive Order No. 438 which imposed, that they must be enacted instead by the
in addition to any other duties, taxes and Congress of the Philippines.
charges imposed by law on all articles imported
Section 28(2) of Article VI of the Constitution
into the Philippines, an additional duty of 5% ad
provides as follows:
valorem tax. This additional duty was imposed
across the board on all imported articles, The Congress may, by law, authorize the
including crude oil and other oil products President to fix within specified limits, and
imported into the Philippines. In 1991, EO 443 subject to such limitations and restrictions as it
increased the additional duty to 9%. In the same may impose, tariff rates, import and export
year, EO 475 was passed reinstating the quotas, tonnage and wharfage dues, and other
previous 5% duty except that crude oil and duties or imposts within the framework of the
other oil products continued to be taxed at national development program of the
9%. Enrique Garcia, a representative from Government.
Bataan, avers that EO 475 and 478 are
There is thus explicit constitutional permission
unconstitutional for they violate Section 24 of
to Congress to authorize the President “subject
Article VI of the Constitution which provides:
to such limitations and restrictions as
Sec. 24: All appropriation, revenue or tariff [Congress] may impose” to fix “within specific
bills, bills authorizing increase of the public limits” “tariff rates . . . and other duties or
debt, bills of local application, and private bills imposts . . . .” In this case, it is the Tariff and
shall originate exclusively in the House of Customs Code which authorized the President
Representatives, but the Senate may propose to issue the said EOs.
or concur with amendments.
The Tariff and Customs Code grants
He contends that since the Constitution vests such stand-by powers to the President.
the authority to enact revenue bills in Congress, In Garcia v. Executive Secretary, 211
the President may not assume such power by SCRA 219, the Supreme Court upheld the
issuing Executive Orders Nos. 475 and 478 constitutionality of Executive Orders Nos.
which are in the nature of revenue-generating 475 and 478, which levied a special duty
measures. of P0.95 per liter on imported crude oil,
and P1.00 per liter on imported oil
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Customs duties like internal revenue taxes may not abdicate its powers. Yet how, in view
are rarely, if ever, designed to achieve one of the scope that legislative delegations take
policy objective only. [Garcia vs. Executive nowadays, is the line between delegation and
Secretary, G.R. No. 101273, July 3, 1992]
abdication to be maintained? Only, I urge, by
rendering the delegatedpowers recoverable
without the consent of the delegate; . . ."
Limitations of the Emergency Powers of the [Araneta vs. Dinglasan, G.R. No. L-2044,
President
August 26, 1949]
It is to be presumed that Commonwealth Act
No. 671 was approved with this limitation in Under the 1935 Constitution, Delegated
view. The opposite theory would make the
Emergency Powers Cease When the Congress
law repugnant to the Constitution, and is
Meets in Regular Session . More anomalous
contrary to the principle that the legislature is
than the exercise of legislative functions by
deemed to have full knowledge of the
the Executive when Congress is in the
constitutional scope of its powers. The
unobstructed exercise of its authority is the
assertion that new legislation is needed to
fact that there would be two legislative bodies
repeal the act would not be in harmony with
operating over the same field, legislating
the Constitution either. If a new and different
concurrently and simultaneously, mutually
law were necessary to terminate the
nullifying each other's actions. Even if the
delegation, the period for the delegation, it
emergency powers of the President, as
has been correctly pointed out, would be
suggested, be suspended while Congress was
unlimited, indefinite, negative and uncertain;
in session and be revived after each
"that which was intended to meet a
adjournment, the anomaly would not be
temporary emergency may become
eliminated. Congress by a two-third vote
permanent law," (Peck vs. Fink, 2 Fed. [2d],
could repeal executive orders promulgated by
912); for Congress might not enact the repeal,
the President during congressional recess,
and even if it would, the repeal might not
and the President in turn could treat in the
meet with the approval of the President, and
same manner, between sessions of Congress,
the Congress might not be able to override
laws enacted by the latter.
the veto. Furthermore, this would create the
anomaly that, while Congress might delegate
its powers by simple majority, it might not be It is our considered opinion, and we so hold,
able to recall them except by a two-third vote. that Commonwealth Act No. 671 became
In other words, it would be easier for inoperative when Congress met in regular
Congress to delegate its powers than to take session on May 25, 1946, and that Executive
them back. This is not right and is not, and Orders Nos. 62, 192, 225 and 226 were issued
ought not to be, the law. Corwin, President: without authority of law. In setting the first
Office and Powers, 1948 ed., p. 160, says: regular session of Congress instead of the first
special session which preceded it as the point
of expiration of the Act, we think we are
"It is generally agreed that the maxim that the giving effect to the purpose and intention of
legislature may not delegate its powers the National Assembly. In a special session,
the Congress may "consider general
signifies at the very least that the legislature
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emergency powers. To contend that the Bill due to the Korean War and his perception that
needed presidential acquiescence to produce war is still subsisting as a fact. Note also that CA
effect, would lead to the anomalous, if not 671 was already declared inoperative by the
absurd, situation that, "while Congress might Supreme Court in the same case of Araneta vs
delegate its powers by a simple majority, it Dinglasan.
might not be able to recall them except by
two-third vote. In other words, it would be ISSUE: Whether or not the EOs are valid.
easier for Congress to delegate its powers HELD: No. As similarly decided in
than to take them back. This is not right and is the Araneta case, the EO’s issued in pursuant to
not, and ought not to be the law." CA 671 shall be rendered ineffective. The
president did not invoke any actual
emergencies or calamities emanating from the
Act No. 671 may be likened to an ordinary last world war for which CA 671 has been
contract of agency, whereby the consent of intended. Without such invocation, the veto of
the agent is necessary only in the sense that the president cannot be of merit for the
he cannot be compelled to accept the trust, in emergency he feared cannot be attributed to
the same way that the principal cannot be the war contemplated in CA 671. Even if the
forced to keep the relation in eternity or at president vetoed the repealing bill the intent of
the will of the agent. Neither can it be Congress must be given due weight. For it
suggested that the agency created under the would be absurd to contend otherwise. For
Act is coupled with interest. Rodriguez vs. “while Congress might delegate its power by a
Gella [G.R. No. L-6266, February 2, 1953] simple majority, it might not be able to recall
them except by two-third vote”. In other
words, it would be easier for Congress to
delegate its powers than to take them back.
RODRIGUEZ V. GELLA This is not right and is not, and ought not to be
the law.” Act No. 671 may be likened to an
FACTS: Eulogio Rodriguez et al seek to ordinary contract of agency, whereby the
invalidate Executive Orders 545 and 546 issued consent of the agent is necessary only in the
in 1952, the first appropriating the sum of sense that he cannot be compelled to accept
P37,850,500 for urgent and essential public the trust, in the same way that the principal
works, and the second setting aside the sum of cannot be forced to keep the relation in eternity
P11,367,600 for relief in the provinces and cities or at the will of the agent. Neither can it be
visited by typhoons, floods, droughts, suggested that the agency created under the
earthquakes, volcanic action and other Act is coupled with interest.
calamities. They sought to have Vicente Gella,
then National Treasurer, be enjoined from
releasing funds pursuant to said EOs. These EO’s
were pursuant to Commonwealth Act 671. Note III. DELEGATION TO THE PEOPLE. The courts
that prior to Araneta vs Dinglasan, Congress have sustained the delegation of legislative
passed House Bill 727 intending to revoke CA power to the people at large. Under the 1987
671 but the same was vetoed by the President
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is now questioning the validity of the said law Encroachment of Executive Power
(estoppel).
Though Act 4221 is unconstitutional, the
Supreme Court recognized the power of
Congress to provide for probation. Probation
ISSUE:
does not encroach upon the President’s power
1. May the State question its own laws? to grant pardon. Probation is not pardon.
2. Is Act 4221 constitutional? Probation is within the power of Congress to fix
penalties while pardon is a power of the
HELD: president to commute penalties.
1. Yes. There is no law which prohibits the State,
or its duly authorized representative, from
questioning the validity of a law. Estoppel will V. DELEGATION TO THE PEOPLE AT LARGE –
also not lie against the State even if it had been The provision for the creation of referendum
using an invalid law. and plebiscite. This is more of a reservation
than a delegation considering the fact that the
2. No, Act 4221 or the [old] Probation Law is people are repositories of all governmental
unconstitutional. powers.
What is the difference between
Violation of the Equal Protection Clause referendum and plebiscite?
The contention of HSBC and the Prosecution is Referendum is the power of the electorate
well taken on this note. There is violation of the to approve or reject a legislation through
equal protection clause. Under Act 4221, an election called for the purpose. It may
provinces were given the option to apply the be a referendum on statutes or
law by simply providing for a probation officer.
referendum on local law. Plebiscite is the
So if a province decides not to install a
electoral process by which an initiative on
probation officer, then the accused within said
the Constitution is approved or rejected
province will be unduly deprived of the
provisions of the Probation Law.
by the people.
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delegate, who is not allowed to step into the not subject to delegation. Nevertheless,
shoes of the legislature and exercise a power POEA assumed jurisdiction and decided
essentially legislative. the case.
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more necessary to entrust to EO. He was found guilty as charged and was
administrative agencies the authority to sentenced to 5 months imprisonment plus a
issue rules to carry out the general P500.00 fine. He appealed the sentence
provisions of the statute. This is called the countering that there is an undue delegation of
"power of subordinate legislation." power to the Governor General.
ISSUE: Whether or not there is undue
With this power, administrative bodies delegation to the Governor General.
may implement the broad policies laid
HELD: First of, Ang Tang Ho’s conviction must
down in a statute by "filling in' the details
be reversed because he committed the act prior
which the Congress may not have the to the publication of the EO. Hence, he cannot
opportunity or competence to provide. be ex post facto charged of the crime. Further,
This is effected by their promulgation of one cannot be convicted of a violation of a law
what are known as supplementary or of an order issued pursuant to the law when
regulations, such as the implementing both the law and the order fail to set up an
rules issued by the Department of Labor ascertainable standard of guilt.
on the new Labor Code. These regulations
Anent the issue of undue delegation, the said
have the force and effect of law.
Act wholly fails to provide definitely and clearly
what the standard policy should contain, so that
it could be put in use as a uniform policy
UNITED STATES V. ANG TANG HO required to take the place of all others without
the determination of the insurance
FACTS: commissioner in respect to matters involving
the exercise of a legislative discretion that could
In July 1919, the Philippine Legislature (during
not be delegated, and without which the act
special session) passed and approved Act No.
could not possibly be put in use. The law must
2868 entitled An Act Penalizing the Monopoly be complete in all its terms and provisions when
and Hoarding of Rice, Palay and Corn. The said it leaves the legislative branch of the
act, under extraordinary circumstances, government and nothing must be left to the
authorizes the Governor General (GG) to issue judgment of the electors or other appointee or
the necessary Rules and Regulations in delegate of the legislature, so that, in form and
regulating the distribution of such products.
substance, it is a law in all its details in
Pursuant to this Act, in August 1919, the GG present, but which may be left to take effect in
issued Executive Order No. 53 which was future, if necessary, upon the ascertainment of
published on August 20, 1919. The said EO fixed
any prescribed fact or event.
the price at which rice should be sold. On the
other hand, Ang Tang Ho, a rice dealer, sold a
ganta of rice to Pedro Trinidad at the price of
eighty centavos. The said amount was way
higher than that prescribed by the EO. The sale
was done on the 6th of August 1919. On August
8, 1919, he was charged for violation of the said
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rating of each applicant, together with the community, on the other hand. This
other admission requirements as question is perhaps most usefully
presently called for under existing rules, approached by recalling that the
shall serve as a basis for the issuance of regulation of the practice of medicine in
the prescribed certificate of eligibility for all its branches has long been recognized
admission into the medical colleges. as a reasonable method of protecting the
health and safety of the public.
Issue: Whether or not Section 5 (a) and MECS Order No. 52, s. 1985 articulates the
(f) of Republic Act No. 2382, as amended, rationale of regulation of this type: the
and MECS Order No. 52, s. 1985 are improvement of the professional and
constitutional. technical quality of the graduates of
medical schools, by upgrading the quality
of those admitted to the student body of
Held: Yes. We conclude that prescribing the medical schools. That upgrading is
the NMAT and requiring certain minimum sought by selectivity in the process of
scores therein as a condition for admission, selectivity consisting, among
admission to medical schools in the other things, of limiting admission to
Philippines, do not constitute an those who exhibit in the required degree
unconstitutional imposition. the aptitude for medical studies and
eventually for medical practice. The need
The police power, it is commonplace to maintain, and the difficulties of
learning, is the pervasive and non- maintaining, high standards in our
waivable power and authority of the professional schools in general, and
sovereign to secure and promote all the medical schools in particular, in the
important interests and needs — in a current stage of our social and economic
word, the public order — of the general development, are widely known. We
community. An important component of believe that the government is entitled to
that public order is the health and prescribe an admission test like the
physical safety and well being of the NMAT as a means for achieving its stated
population, the securing of which no one objective of "upgrading the selection
can deny is a legitimate objective of of applicants into [our] medical schools"
governmental effort and regulation. and of "improv[ing] the quality of medical
Perhaps the only issue that needs some education in the country. We are entitled
consideration is whether there is some to hold that the NMAT is reasonably
reasonable relation between the related to the securing of the ultimate end
prescribing of passing the NMAT as a of legislation and regulation in this area.
condition for admission to medical school That end, it is useful to recall, is the
on the one hand, and the securing of the protection of the public from the
health and safety of the general potentially deadly effects of incompetence
COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM
“In order to love who you are, you cannot hate the experiences that shaped you...”
SUBIJANO, CHRISTOPHER
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In Gerochi v. Department
of Energy, G.R. No. 159796,
July 17, 2007, the Court
held that the EPIRA, read
and appreciated in its
entirety, in relation to Sec.
34 thereof, is complete in
all its essential terms and
conditions, and that it
contains sufficient
standards. Provisions of the
EPIRA such as, among
others, “to ensure the total
electrification of the
country and the quality,
reliability, security and
affordability of the supply
of electric power”, and
“watershed rehabilitation
and management” are
sufficient standards, as they
COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM
“In order to love who you are, you cannot hate the experiences that shaped you...”
SUBIJANO, CHRISTOPHER
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Ans – They are the legislative, executive, Q – There are basically three (3)
and judiciary departments of the government. How
do you consider their relation to one
another?
Q: What is the fundamental principle
Ans – They are coordinate, co-equal, and
that underlies these three (3)
co-important. While independent, in the
departments of the government?
sense that each is unable to perform its
Explain.
functions fully and adequately without
Ans – One basic principle that underlies the other, they are nonetheless in many
the three (3) departments of government instances independent of each other. That
us the principle of separation of powers. is to say, one department may not control
It is essential to the operation of this or even interfere with another in the
system that the departments of branches exercise of its particular functions.
of government shall not encroach upon (Province of Tarlac vs Gale 26 PHIL 338)
the powers of each other. It means that
each brance must exercise its powers
without intruding in to the exercise of the Q – Is the principle of separation of
powers of the other branches, for they are powers absolute? Why?
independent, and coordinate.
Ans – No, because there is more truism in
interdependence than in total
independence among the three (3)
Q – What is the basic purpose of the
branches of the government. In Planas vs
principle of separation of powers?
Gil, 67 PHIL 62, it was said that the
Ans – Basically, it is designed to prevent classical separation of governmental
the accumulation of powers in the same powers is a relative theory of government.
hands, which according to Madison, “may There is a more truism and actually in
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Q – May the courts inquire in to the government. Lacking the judicial power
acts of the Electoral tribunals of given to the judiciary, it cannot inquire in
congress in determining the election, to matters that are exclusively the
returns, and qualifications if the concern of the judiciary. (Bengzon vs
members of congress? Why? Senate Blue Ribbon Committee)
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delicate balance on which our allow others for whatever reasons it may
constitutional order rest. Due regard for consider sufficient. In making such
the working of our system of government, choices, Congress has consulted its own
more than more comity, compels wisdom which the SC has no authority to
reluctance on the part of the courts to review, much less reverse. Questions
enter upon an inquiry in to an alleged regarding wisdom, morality, or
violation of the rules of the house. Courts practicability of statutes are not
must accordingly decline the invitation to addressed to the judiciary but may be
exercise their power. (Arroyo vs De resolved only by the legislative and the
Venecia) executive departments. The Function is
Exclusive.
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Ans – Yes, because the administrative Q- What is the basis of the validity of
agencies may have more expertise in the the law?
filling up of details to implement the law,
the validity of the law depends upon the Ans – It is based on the principle that
existence of certain standards. sovereignty resides in the people. Sec 1
Art II 1987 Phil Consti
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ANS –
Q – What is a standard?
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