Chapter 4

- legislative power is the power to enact, alter and repeal law. (Article6, sec1)

- The doctrine of separation of powers prohibits the delegation of some powers to other departments.

- delegation of legislative power is not absolutely prohibited as it is delegated to the president and LGU
through:

(Art6 sec28(b)) authorize the president to impose a national government program.

(Administrative code) gives power to the president to issue issuances (ordinance, executed order and
etc).

- executed order is an act of the president providing for rules of general welfare.

- administrative order is an act of president which relates to particular aspects of governmental

operations.

- proclamation is an act of the president fixing a date or declaring a statute or condition of public
moment or interest.

- Memorandum order is an act of the president on matter of administrative details concerning officer or
office of the government.

- memorandum circular is an act of the president on matter relating to internal administration.

- General or specific order is an act or command of president as command in chief of the armed forces.

- supreme court vests the legislative power to promulgate rules concerning the protection and
enforcement of the constitutional rights.

- supreme court can modify or repeal the statute of procedural aspect by virtue of constitutional rule
making powers. (Art8, sec5(5)).

- legislative body of local government consistent with the policy of local autonomy.

- local legislative power shall be exercised by sanggunian panglalawigan for the province, sangguniang
panglunsod for the city, sangguniang pang bayan for the municipality and sangguniang barangay for the
barangay.

- barangay is the smallest legislative body.

- barangay ordinance is subject to review by sangguniang panglunsod or pangbayan, to determine the

consistency of the ordinance to the city or municipal ordinance within 30 DAY, IF NEGLECTED it is
considered approved.
- if contrary to the local ordinance, it will return to barangay for revision, modification and in this case
the ordinance is suspended.

- power to enact municipal ordinance is lodge with the sangguniang bayan, majority vote is necessary
and quorum.

- after the vote, it will transfer to mayor and within 10 day it will return whether approved or veto. IF
FAILS to return within 10 days it shall deem approved.

- sangguniang bayan may OVERRIDE the veto of mayor by 2/3 votes. Then submitted to sangguniang
panglalawigan for REVIEW within 30 DAYS. IF FAILS TO TAKE ACTION it will presumed consistent with the
local law.

-power to pass ordinance is in the sangguniang panglunsod.

- power to review is in the sanggunian panglalawigan also may enact ordinance to be forwarded to the
governor and within 15 day should return with approved or veto status. IF NOT RETURN it deemed
approved. MAY OVERRIDE BY 2/3 VOTES IS VETOED.

- note: separation of powers precludes the delegation of powers which are inherently and exclusively
legislative or other to other branch.

- power to enact national law set the limit, for whom is exclusive prerogative of legislative.

- rule means administrative agencies statements of general applicability that implements or interpret
the law.

- rule making means agency process for the formulation, amendment or repeal of a rule.

Rule making power of administrative Agency refers to the power to issue rules And regulations.