DELEGATION OF LEGISLATIVE POWER

> Delegation of legislative power refers to the grant of authority by the legislature to
administrative agencies to issue rules and regulations concerning how the law entrusted to them
for implementation may be enforced is called the power of subordinate legislation. With this
power, administrative agencies may implement the broad policies laid down in a statue by “filling
in” the details which the Congress may not have the opportunity or competence to provide.

> The reasons for the delegation of legislative power are the increasing complexity of the task of
government and the growing inability of the legislature to cope directly with the myriad
problems demanding its attention.

WHAT CANNOT BE DELEGATED

> The doctrine of separation of powers prohibits the delegation of that which is purely legislative
in nature. This consists of the power to make law, or to determine what the law shall be, and to
alter or repeal it. The power to declare whether or not there shall be a law, or to determine the
purpose or policy to be achieved by the law, or to fix the limits within which the law shall operate
is purely legislative.

WHAT MAY BE DELEGATED

> It can delegate the discretion as to how the law shall be enforced, to issue rules to fill in details
to ascertain facts on which law will operate, to exercise police power, and to fix rates.

“There are two accepted tests to determine whether or not there is a valid legislative power, viz.,
the completeness test and the sufficient standardized test.
Under the first test, the law must be complete in all its terms and condition when it leaves the
legislative such that when it reaches the delegate the only thing he will have to do is to enforce it.
Under the sufficient standard test, there must be adequate guidelines or limitations in the law to
map out the boundaries of the delegate’s authority and to prevent the delegation from running
riot. Both tests are intended to prevent a total transference of legislative authority to the
delegate, who is not allowed to step into the shoes of the legislature and exercise a power
essentially legislative.”

TESTS TO DETERMINE THE VALIDITY OF DELEGATION

There are two accepted tests to determine whether or not there is a valid delegation of
legislative power:

Completeness Test
The law must be complete in all its items and conditions when it leaves the legislature such that
when it reaches the delegate the only thing he will have to do is enforce it. A statute may be
complete when the subject, the manner, and the extent of its operation are stated in it. The test
of completeness is whether the provision is sufficiently definite and certain to enable one to
know his rights and obligations; whether it describes what must be done, who must do it, and
the scope of his authority. The operation of a statute complete in itself may be made dependent
upon the existence of some contingency fixed therein or some ascertainable facts.

Sufficient Standard Test

The legislature must declare the policy or purpose of the law and must fix the legal principles
which are to control in given cases by setting up standards or guides to indicate the extent, and
prescribe the limits, of the discretion which may be exercised under the statute by the
administrative agency.

The standard must be reasonably adequate, sufficient, and definite for the guidance of the
administrative agency in the exercise of the power conferred upon it and must also be sufficient
to enable those affected to know their rights and obligations.

When standard insufficient

A statute which prescribes no or inadequate standard for the exercise of a delegated legislative
power and the rules issued by an administrative agency to implement the law are null and void.

Usual issues on validity of delegation

The usual issues concerning the validity of the delegation of legislative power that may be raised
are: firstly, against the delegating statute itself, and secondly, against the exercise of the
delegated power.
The first refers to the question as to whether or not the requisites of valid delegation are present,
namely: the completeness of the statute making the delegation, and the presence of a sufficient
standard . If any one of these requisites is absent, the statute making the delegation is
unconstitutional.
The second pertains to the question as to whether or not the rule or regulation conforms with
what the statute provides and whether the same is reasonable. If the rule expands or restricts
the statute or is unjust or unreasonable, the same is invalid. It refers to the exercise of the power
delegated.

Rules or regulations, generally

> The rules must not contradict the law, but must conform to the standard it prescribes. The rules
must be limited to what the law provides.

Regulations cannot restrict nor enlarge the law

It is a fundamental rule that implementing rules cannot add to or detract from the provisions of
the law as it is designed to implement. Administrative regulations adopted under legislative
authority by a particular department must be in harmony with the provisions of the law they are
intended to carry into effect. They cannot widen its scope. An administrative agency cannot
ammend an act of Congress.
Rules must be reasonable

To be valid, the rules and regulations must also be reasonable and fairly adopted to secure the
end in view. If shown to bear no reasonable relation to the purposes for which they are
authorized to be issued, then they must be held to be invalid.